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RUST v. DOLAN

No. 75-887.

563 P.2d 28 (1977)

Harley Earl RUST, Plaintiff-Appellee, v. Joseph F. DOLAN, Director of the Department of Revenue, State of Colorado, and Steven J. Dawes, Hearings Officer, Department of Revenue, State of Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

As Modified On Denial of Rehearing February 17, 1977.

Certiorari Granted April 25, 1977.

Attorney(s) appearing for the Case

Cecil A. Hartman, Denver, for plaintiff-appellee.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Arthur G. Staliwe, Sp. Asst. Atty. Gen., Denver, for defendants-appellants.

BERMAN, Judge.

This is an appeal by the Department of Revenue from a district court order setting aside the Department's revocation of Harley Earl Rust's driver's license under the implied consent law, 42-4-1202, C.R.S.1973. We affirm the district court's judgment.

Sometime after 10:00 p. m. on June 13, 1975, a patrolman of the Colorado State Patrol noticed a vehicle with its lights on parked on the shoulder of I-70. The patrolman approached the vehicle and...

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