(299 P.2d 116)
No. 17,936.Supreme Court of Colorado.
Decided July 2, 1956.
Companion case to Brisnehan v. Central Bank and Trust Company, et al., this day decided and held too be controlled in all respects by the opinion in that case.
Affirmed.
Error to the District Court of the City and County of Denver, Hon. William A. Black, Judge.
Mr. STANLEY H. JOHNSON, for plaintiff in error.
Messrs. GORSUCH, KIRGIS, CAMPBELL, WALKER GROVER, for defendant in error Central Bank and Trust Company.
Mr. JOHN C. BANKS, for defendant in error City and County of Denver.
En Banc.
MR. JUSTICE MOORE delivered the opinion of the Court.
THIS action rests on facts identical to those presented in the case of Brisnehan v. Central Bank and Trust Company
which has been disposed of by an opinion of this Court announced on this date.
Plaintiff in error Baber contends that the record in connection with his claim presents a question not involved in the Brisnehan case, in that under the provisions of section 21 of the ordinance
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he was eligible to become a member of the plan notwithstanding the fact that he failed to elect to do so within sixty days.
We cannot agree with this argument, and we believe that this cause is in all respects controlled by the opinion in the case of Tom Brisnehan v. The Central Bank and Trust Company, supra. Accordingly the judgment is affirmed.