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SCHMIDT v. COLORADO DEPT. OF REVENUE, ETC.

No. 82CA0289.

656 P.2d 710 (1982)

William K. SCHMIDT, Plaintiff-Appellee, v. COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, and Marvin Heller, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied September 30, 1982.

Certiorari Denied December 13, 1982.

Attorney(s) appearing for the Case

William R. Dowhan, Aurora, for plaintiff-appellee.

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, James R. Willis, Sp. Asst. Attys. Gen., Denver, for defendants-appellants.

KELLY, Judge.

The Motor Vehicle Division of the Department of Revenue appeals the judgment of the district court remanding the case to the hearing officer with directions to grant a probationary license to William K. Schmidt. The Department argues that the trial court erred in ruling that the mandatory probationary license requirement of § 42-2-123(13)(a), C.R.S.1973 (1981 Cum. Supp.) applies to Schmidt's revocation proceedings. We agree, and reverse.

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