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CITY OF LAKEWOOD v. BRACE

No. 95SC196.

919 P.2d 231 (1996)

The CITY OF LAKEWOOD, a Colorado Municipal Corporation; Walter C. Kane, City Manager, in his Official Capacity and Individually; James M. Zelenski, Assistant City Manager, in his Official Capacity and Individually; and Linda Shaw, Gordon Garrett, Norma Beard, David Larkin, Linda Morton, Tom Leadabrand, Harold Scatterday, Dennis Mateski, and Kathy Stapleton, in their Official Capacities as Members of the City Council, City of Lakewood, Colorado, Petitioners, v. Richard W. BRACE, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 29, 1996.

Attorney(s) appearing for the Case

Watson, Nathan & Bremer, P.C., Christina M. Habas, Bernard Woessner, Denver, for Petitioners.

David M. Herrera, Vance O. Knapp, Fort Collins, for Respondent.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Gregg E. Kay, First Assistant Attorney General, Beverly Fulton, Assistant Attorney General, Civil Litigation Section, Tort Litigation, Denver, for Amicus Curiae, State of Colorado.

Justice MULLARKEY delivered the Opinion of the Court.

We granted certiorari in Brace v. City of Lakewood, et al., 899 P.2d 301 (Colo.App.1995), in which the court of appeals dismissed the petitioners' appeal of a partial summary judgment order because that order was not a final, appealable judgment. The petitioners before the court are: the City of Lakewood (Lakewood); Walter C. Kane and James M. Zelenski (individual defendants...

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