City & County of Denver v. Board of County Commissioners

This cause has been heard, and. considered, by the Court, Mr. Justice McWilliams not participating. Mr. Chief Justice Hall, Mr. Justice Sutton and Mr. Justice Frantz are in favor of affirmance of the judgment of the trial court. Mr. Justice Moore, Mr. Justice Day and Mr. Justice Doyle are in favor of reversal. The judgment therefore stands affirmed by operation of law because of an equally divided Court. (Rule 118 (f), R.C.P.)

STATEMENT OF MR. JUSTICE McWILLIAMS.

I am not participating in this matter for several reasons. I did not become a member of this Court until January 10, 1961, and…