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WINE & SPIRITS WHOLESALERS v. DEPT. OF REV.

No. 94CA1722.

919 P.2d 894 (1996)

WINE AND SPIRITS WHOLESALERS OF COLORADO, INC., Plaintiff-Appellant, v. COLORADO DEPARTMENT OF REVENUE, LIQUOR ENFORCEMENT DIVISION, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

May 2, 1996.

Attorney(s) appearing for the Case

Denman & Corbetta, P.C., Richard L. Corbetta, Steven H. Denman, Ted J. Trimpa, Denver, for Plaintiff-Appellant.

Gale A. Norton, Attorney General, Stephen K. Erkenbrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Clifton D. Hypsher, Assistant Attorney General, Denver, for Defendant-Appellee.

Opinion by Judge ROY.

Plaintiff, Wine and Spirits Wholesalers of Colorado, Inc., appeals from a judgment of the trial court affirming the adoption by defendant, the Liquor Enforcement Division of the Colorado Department of Revenue, of a regulation prohibiting manufacturers, wholesalers, and importers of alcohol from selling alcoholic beverages to retailers below cost. We affirm.

The facts are not in dispute. Defendant, an administrative agency of the state...

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