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  5. 897 P.2d 792 (1995)
 

KUHN v. STATE, DEPT. OF REVENUE

No. 94SA324.

897 P.2d 792 (1995)

Wendel Speer KUHN Jr., Francis E. Becker Jr., Bruce C. Derenthal, Julian Russell Dracon, Jacqueline Farrar, Robert J. Flor, Edward N. Gootee Jr., Davis S. Harrigan, Jerry D. Jacks, Joe B. Mohorn, Richard C. Poyns, Donald L. Tatterson, Drew Charles Weyland, Richard W. Zolman, and all others similarly situated, Plaintiffs-Appellants, v. STATE of Colorado, the DEPARTMENT OF REVENUE of the State of Colorado, and John J. Tipton, in his capacity as Executive Director of the Department of Revenue of the State of Colorado, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

June 5, 1995.

Attorney(s) appearing for the Case

Coghill & Goodspeed P.C., G. Stephen Long, David J. Richman, Martin D. Beier, Denver, Sparks Dix, P.C., Timothy V. Dix, R. Kenneth Sparks, Colorado Springs, for plaintiffs-appellants.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Maurice Knaizer, Deputy Atty. Gen., Larry A. Williams, First Asst. Atty. Gen., Thomas D. Fears, Asst. Atty. Gen., General Legal Services Section, Denver, for defendants-appellees.

Justice ERICKSON delivered the Opinion of the Court.

We accepted jurisdiction pursuant to section 13-4-110(1)(a), 6A C.R.S. (1987),1 to review the Denver District Court's May 4, 1994, order in Kuhn v. Colorado, No. 94SA324 (Denver Dist.Ct. May 4, 1994).2 We affirm.

On June 16, 1989, a class action was filed by federal military retirees against the State of Colorado (state) asserting that Colorado...

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