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A & A AUTO WRECKING v. DEPARTMENT OF REVENUE

No. 79CA0258.

602 P.2d 10 (1979)

A & A AUTO WRECKING, INC., a Colorado Corporation; Bradley Auto Salvage, Inc., a Colorado Corporation; Colorado Auto & Parts, Inc., a Colorado Corporation; Arapahoe Auto Sales, a partnership; and Atlas Auto Sales, a partnership, Plaintiffs-Appellants, v. The DEPARTMENT OF REVENUE of the State of Colorado, and Alan N. Charnes, Executive Director, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 16, 1979.

Certiorari Granted October 22, 1979.

Attorney(s) appearing for the Case

Jim Travis Tice, Littleton, for plaintiffs-appellants.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Yvette P. Fossum, Asst. Atty. Gen., Denver, for defendants-appellees.

VAN CISE, Judge.

Plaintiffs, automobile dealers licensed by the State of Colorado, filed this action challenging the validity of Department of Revenue Regulation 42-3-116.1.1 They contend that it is in excess of the Department's delegated authority and therefore invalid because it conflicts with the statute which it seeks to enforce. On stipulated facts, the court ruled as a matter...

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