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EDWARDS v. STATE, DEPT. OF REVENUE

No. 78-832.

592 P.2d 1345 (1978)

David Calvin EDWARDS, Plaintiff-Appellee, v. STATE of Colorado, DEPARTMENT OF REVENUE, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 25, 1979.

Certiorari Denied April 16, 1979.

Attorney(s) appearing for the Case

Williams, Turner & Holmes, J. D. Snodgrass, Grand Junction, for plaintiff-appellee.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Richard H. Forman, Asst. Atty. Gen., Denver, for defendant-appellant.

BERMAN, Judge.

This appeal brings to this court the first case involving the validity of Department of Revenue Regulation No. 2-123.11 (final), 1 Code Colo.Reg. 204-8, adopted December 12, 1977, regarding the issuance of probationary drivers' licenses. See § 42-2-123(11), C.R.S. 1973. The regulation was promulgated pursuant to the direction of our Supreme Court in Elizondo v. State, Colo.,

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