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DEPARTMENT OF REVENUE v. ROSENTHAL

No. C-1561.

594 P.2d 580 (1979)

DEPARTMENT OF REVENUE and Joseph F. Dolan, as Executive Director of the Department of Revenue, State of Colorado, Petitioners, v. Ray ROSENTHAL and Helen Rosenthal, d/b/a Gondola International Lounge, Respondents.

Supreme Court of Colorado, En Banc.

May 14, 1979.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Terre Lee Rushton, Asst. Atty. Gen., Chris J. Eliopulos, Sp. Asst. Atty. Gen., Denver, for petitioners.

Donald K. Smith, Sterling, for respondents.

GROVES, Justice.

The Executive Director of the Colorado Department of Revenue (Director) suspended the restaurant liquor license of the respondents. In the District Court of Morgan County the respondents sought to enjoin the Director from enforcing the suspension under the provisions of C.R.C.P. 106. The court denied a permanent injunction. The court of appeals, 40 Colo.App. 422, 579 P.2d 1176 (1978), reversed and certiorari was granted...

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