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COLORADO CHIROPRACTIC ASSOCIATION v. STATE

No. 22486.

467 P.2d 795 (1970)

COLORADO CHIROPRACTIC ASSOCIATION, a Colorado non-profit corporation, and Louis O. Gearhart, Plaintiffs in Error, v. STATE of Colorado and the Colorado State Department of Public Health, Defendants in Error.

Supreme Court of Colorado, En Banc.

April 6, 1970.

Attorney(s) appearing for the Case

Charles Ginsberg, Denver, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., William Tucker, Asst. Atty. Gen., Clifton A. Flowers, Sp. Asst. Atty. Gen., Denver, for defendants in error.

KELLEY, Justice.

Colorado Chiropractic Association, a Colorado nonprofit corporation, and Louis O. Gearhart, a licensed doctor of chiropractic, instituted proceedings in the district court for a declaratory judgment to test the correctness of the construction of C.R.S. 1963, 66-8-7, by the Colorado State Department of Health (the Department of Health).

The statute in question (66-8-7) provides:

"In the case of any death occurring without medical attendance...

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