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MAY v. TOWN OF MOUNTAIN VILLAGE

No. 96-1504.

132 F.3d 576 (1997)

Joan MAY, William Felicelli, John Rielly, Peter Chadman, Virginia Oglesby, and David Holubetz, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. TOWN OF MOUNTAIN VILLAGE, Darrell Huschke, Mayor et al., Defendants-Appellees,

United States Court of Appeals, Tenth Circuit.

December 19, 1997.

Attorney(s) appearing for the Case

John H. Steel, Telluride, CO, for Plaintiffs/Appellants.

Michael T. Gilbert, Robert E. Youle, Williams, Youle & Koenigs, P.C., Denver, CO, and J. David Reed, J. David Reed, P.C., Montrose, CO, for Defendants.

Before BALDOCK, BRORBY, Circuit Judges, and BROWN, Senior District Judge.

WESLEY E. BROWN, Senior District Judge.

In this civil rights case the plaintiffs, all residents of the Town of Mountain Village, Colorado, initiated a class action against the Town and its governing officers to contest provisions of the Town Charter which allow nonresident landowners to vote in municipal elections. Upon cross motions for summary judgment, the District Court found that the provision allowing nonresidents to vote was not irrational or arbitrary, and...

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