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CHARNES v. DiGIACOMO

No. 79SA218.

612 P.2d 1117 (1980)

Alan N. CHARNES, Executive Director, Colorado Department of Revenue, Plaintiff-Appellee, v. Nick DiGIACOMO, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

June 16, 1980.

Attorney(s) appearing for the Case

David R. DiGiacomo, DiGiacomo & Braden, Arvada, for defendant-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Richard H. Forman, Asst. Atty. Gen., Gen. Legal Services Section, Denver, for plaintiff-appellee.

DUBOFSKY, Justice.

The defendant-appellant taxpayer here appeals a trial court order denying his motion to quash a subpoena duces tecum issued under section 39-21-112(3), C.R.S.1973 (see p. 1122, infra).1 The Court of Appeals transferred the case to us under section 13-4-102, C.R.S.1973, because the taxpayer challenges the constitutionality of the subpoena statute. We affirm the trial court's order.

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