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LOVE v. BELL

No. 24267.

465 P.2d 118 (1970)

John A. LOVE, Governor of the State of Colorado, Mark Hogan, Lieutenant Governor and President of the Senate of the State of Colorado, John D. Vanderhoof, Speaker of the House of Representatives for the State of Colorado, John H. Heckers, Director of Revenue of the State of Colorado, William A. Cassel, Motor Vehicle Supervisor of the State of Colorado and the People of the State of Colorado, Plaintiffs in Error, v. Joseph BELL, J. Chris Davidson, Gwen Ledbetter, Bruce Cerman, James P. Tagaris, Clint Ellis, and the Colorado Motorcycle Association, a Colorado Non-Profit Corporation, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied March 9, 1970.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Harold L. Neufeld, Asst. Atty. Gen., Denver, for plaintiffs in error.

Ward, McKibben, Constantine & Pred, Frank C. McKibben, Denver, for defendants in error.

PRINGLE, Justice.

The defendants in error (plaintiffs in the trial court and hereinafter designated as such) initiated a class action in the Denver District Court seeking a declaratory judgment concerning the constitutionality of C.R.S.1963, 13-5-159, enacted by the 1968 General Assembly (commonly known as the Motorcycle Helmet Law), and seeking temporary and permanent relief from enforcement of that statute.

C.R.S.1963, 13-5-159, which appears in Colorado...

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