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GOFF v. KIMBREL

No. 92CA0237.

849 P.2d 914 (1993)

Councilman Warren GOFF, Councilman Marvin Monroe, Councilman Mike Starika, Councilwoman Emily Tracy, Councilwoman Heidi Willard, Councilman Dick Kerr, Councilman Barry Singleton, and the City Council of the City of Canon City, Petitioners-Appellees, v. Terry KIMBREL, Julie G. Marshall, Shelly Hilbert, and John Battin, Respondents, and Katherine L. Schwinn, Respondent-Appellant, and Philip C. Freytag and Stephen M. Stewart, Intervenors-Appellants.

Colorado Court of Appeals, Div. IV.

February 11, 1993.

Attorney(s) appearing for the Case

John D. Havens, City Atty., Canon City, for petitioners-appellees.

Katherine L. Schwinn, pro se.

Philip C. Freytag, pro se.

Stephen M. Stewart, pro se.

Opinion by Judge PLANK.

This appeal arises from a district court final order that respondent John Battin be declared by the City Council of Canon City to be the winner of an election for an at-large seat on the City Council. Respondent Katherine Schwinn and intervenors, Philip Freytag and Stephen Stewart, appeal the order declaring Battin the winner. We reverse.

This dispute concerns the election of two at-large council...

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