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PIZZA HUT, INC. v. DOLAN

No. 80CA0201.

619 P.2d 508 (1980)

PIZZA HUT, INC., Plaintiff-Appellant, v. Joseph F. DOLAN, Executive Director, Department of Revenue, State of Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

October 23, 1980.

Attorney(s) appearing for the Case

Lohf & Barnhill, P. C., Robert Shaiman, Denver, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Billy Shuman, Sp. Asst. Atty. Gen., Denver, for defendant-appellee.

COYTE, Judge.

Pizza Hut, Inc., appeals the district court judgment affirming the decision of the deputy director of the Department of Revenue (Department) that Pizza Hut owned, operated, or controlled 29 restaurants within the state which were subject to the chain-store license fee. We reverse.

On October 17, 1975, the Department issued a field audit deficiency in the amount of $7,162.50 against Pizza Hut based upon Pizza Hut's failure to obtain licenses for...

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