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IN THE MATTER OF SUBMISSION CLAUSE FOR 2009-2010 NO. 45

No. 10SA100.

234 P.3d 642 (2010)

In the Matter of the TITLE, BALLOT TITLE and SUBMISSION CLAUSE FOR 2009-2010 # 45. Dr. Mark Earnest; Peter Leibig; Albert Schnellbacher, Jr.; AARP Colorado; Colorado Community Health Network; Colorado Coalition for the Medically Underserved; and Colorado Consumer Health Initiative; Petitioners v. Linda Gorman and Jon Caldara, Proponents, Respondents and William A. Hobbs, Dan Domenico, and Dan Cartin, Title Board.

Supreme Court of Colorado, En Banc.

June 21, 2010.

Attorney(s) appearing for the Case

Isaacson Rosenbaum P.C., Mark G. Grueskin, Denver, Colorado, Attorneys for Petitioners.

John W. Suthers, Attorney General, Maurice G. Knaizer, Deputy Attorney General, Denver, Colorado, Attorneys for Title Board.

No appearance by or on behalf of Linda Gorman and Jon Caldara.

Justice HOBBS delivered the Opinion of the Court.

The petitioners, registered electors of the State of Colorado and organizations whose members include registered electors of the State of Colorado,1 brought this original proceeding pursuant to section 1-40-107(2), C.R.S. (2009), challenging the action of the Title Board in setting the title and ballot title and submission clause for Proposed Initiative 2009-2010 # 45 ("Initiative # 45...

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