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BERRY v. COLORADO DEPT. OF REVENUE, ETC.

No. 82CA0349.

656 P.2d 721 (1982)

Robert Eugene BERRY, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, an agency of the State of Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 14, 1982.

Certiorari Denied December 20, 1982.

Attorney(s) appearing for the Case

James J. Scott, Aurora, for plaintiff-appellant.

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sp. Asst. Atty. Gen., Larry A. Williams, Asst. Atty. Gen., Denver, for defendant-appellee.

KELLY, Judge.

Robert Eugene Berry appeals the judgment of the trial court affirming the orders of the Department of Revenue which suspended Berry's driver's license for accumulation of points under § 42-2-123, C.R.S. 1973, and revoking his license as an habitual offender under § 42-2-203, C.R.S.1973. Berry contends that the agency proceedings against him were barred by the Department's failure to hold hearings in a timely manner. We affirm in part and reverse...

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