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GILLESPIE v. DIRECTOR OF DEPT. OF REVENUE

Nos. 78-589, 78-630.

592 P.2d 418 (1978)

Donald Stewart GILLESPIE, Plaintiff-Appellant, v. The DIRECTOR OF the DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, State of Colorado, Defendant-Appellee. Kenneth Jan STRAUGH, Petitioner-Appellant, v. The STATE of Colorado, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, and Nelson Hill, Hearing Officer, Respondents-Appellees.

Colorado Court of Appeals, Division III.

Rehearings Denied December 28, 1978.

Certiorari Denied March 19, 1979.

Attorney(s) appearing for the Case

Gehler & Cohen, Ronald Cohen, Commerce City, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Denver, for defendant-appellee and respondents-appellees.

William Morris, Asst. Atty. Gen., Denver, for defendant-appellee.

Allen J. Kincaid, Dean J. Spader, Brush, for petitioner-appellant.

Anthony M. Marquez, Alan H. Friedman, Asst. Attys. Gen., Denver, for respondents-appellees.

Certiorari Denied March 19, 1979 in 78-589.

PIERCE, Judge.

Pursuant to C.A.R. 3(b), we have consolidated these two driver's license suspension cases because of their factual similarities, and because they both raise conditions about the applicability of the rule announced by this court in Troutman v. Department of Revenue, 38 Colo.App. 417, 571 P.2d 726 (1976), and Gurule v. State, 38 Colo.App. 295,

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