Avery v. City of Fort Collins

The parties are here in the same order they appeared in the trial court, and we will refer to them as they there appeared.

On September 14, 1953, plaintiffs filed a class action fob declaratory judgment in the district court of Larimer County .which'was subsequently dismissed upon.motion by defendants. The judgment éntered thereon was thereafter affirmed.-by-.- this court without written opinion. Avery v. City of Fort Collins, 131 Colo. 34, 278 P. (2d) 1017 (1955)...Plaintiffs then-.filed a second action to which defendants)’ áftér answering, moved for summary judgment on the ground that the…