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EFTEKHAR-ZADEH v. LUSERO

No. 78-837.

592 P.2d 1347 (1978)

Firooz EFTEKHAR-ZADEH, Plaintiff-Appellant, v. The Honorable James F. LUSERO, Judge of the Municipal Court, City of Longmont, County of Boulder, Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 18, 1979.

Certiorari Denied April 9, 1979.

Attorney(s) appearing for the Case

G. Philip Bryson, Longmont, for plaintiff-appellant.

Jeffrey Dale Larson, Asst. City Atty., Longmont, for defendant-appellee.

KELLY, Judge.

Plaintiff, Firooz Eftekhar-Zadeh, was charged in Longmont Municipal Court with the offense of shoplifting in violation of a Longmont city ordinance. He brought an action in the district court under C.R.C.P. 106, seeking a writ of prohibition against any further municipal court proceedings, arguing that the Colorado petty theft statute preempted the Longmont shoplifting ordinance, and that the municipal court therefore lacked jurisdiction. The district...

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