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PEOPLE v. NORTH AVE. FURNITURE & APPLIANCE

No. 80SA505.

645 P.2d 1291 (1982)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. NORTH AVENUE FURNITURE AND APPLIANCE, INC.; Harvey Townsley; Leo Hyland; and Harland Jacob, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

May 24, 1982.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., B. Lawrence Theis, Jill A. Gross, Asst. Attys. Gen., Denver, for plaintiff-appellant.

Harshman & Deister, Thomas M. Deister, Grand Junction, for defendants-appellees.

QUINN, Justice.

The People appeal from an order dismissing an indictment charging the defendants with price-fixing in violation of section 6-4-101, C.R.S.1973 (1981 Supp.), the Colorado Antitrust Statute. The district court concluded that section 6-4-103(2), C.R.S.1973, which provides that "[t]he labor of a human being is not a commodity or article of commerce," exempted the defendants' activities from antitrust prosecution. Disagreeing with this construction of the...

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