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ACE FLYING SERVICE, INC. v. COLORADO DEPT. OF AGRIC.

No. 18607.

348 P.2d 962 (1960)

ACE FLYING SERVICE, INC., a corporation, Plaintiff in Error, v. COLORADO DEPARTMENT OF AGRICULTURE and Paul W. Swisher, Commissioner, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 16, 1960.

Attorney(s) appearing for the Case

Vincent Cristiano, Robert Bugdanowitz, Denver, Charles F. Keen, Pueblo, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Dep. Atty. Gen., Samuel R. Freeman, Asst. Atty. Gen., for defendants in error.

KNAUSS, Justice.

The parties are here in the same order in which they appeared in the trial court and we will so refer to them.

This is the second time this action has been considered by this court. In a former opinion (Ace Flying Service, Inc. v. Colorado Department of Agriculture, 136 Colo. 19, 314 P.2d 278) it was held that the defendants could not rely on the doctrine of sovereign immunity. Following remand in that case...

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