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BARRACK v. CITY OF LAFAYETTE

No. 90CA0406.

829 P.2d 424 (1991)

Jeffrey B. BARRACK, Frank Brittin Clayton III, Janet Beardsley, Karl Kurtz, and Janis Yabes, Plaintiffs-Appellants, v. CITY OF LAFAYETTE, Robert Burger, Alex Ariniello, Larry Gupton, Tim Larsen, Sharon Stetson, Phyllis Thieme, and Don Yoshihara, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing September 26, 1991.

Certiorari Denied April 20, 1992.

Cross-Petition for Certiorari Granted April 20, 1992.

Attorney(s) appearing for the Case

Taussig & Taussig, John G. Taussig and Connie Brenton, Boulder, for plaintiffs-appellants.

Frank Brittin Clayton III, pro se.

Hall & Evans, Daniel R. Satriana, Jr., Sean R. Gallagher, Ronald Cohen, Office of the City Atty., and Holme, Roberts & Owen, Patricia C. Tisdale, Denver, for defendants-appellees.

Opinion by Judge ROTHENBERG.

Plaintiffs Jeffrey B. Barrack, Frank Brittin Clayton III, Janet Beardsley, Karl Kurtz, and Janis Yabes, appeal the trial court's dismissal of their claims against defendants, City of Lafayette, Robert Burger, Alex Ariniello, Larry Gupton, Tim Larsen, Sharon Stetson, Phyllis Thieme, and Don Yoshihara. We affirm in part, reverse in part and remand with directions.

In the 1920's, the City of Lafayette built a pipeline which carried...

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