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REGIONAL TRANSP. DIST. v. CHARNES

No. 82CA0745.

660 P.2d 24 (1982)

REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado, Plaintiff-Appellant, v. Alan L. CHARNES, Executive Director, Department of Revenue, State of Colorado, and Department of Revenue, State of Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 30, 1982.

Attorney(s) appearing for the Case

Alan E. Richman, Denver, for plaintiff-appellant.

J.D. MacFarlane, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Chris J. Eliopulos, Asst. Attys. Gen., Denver, for defendants-appellees.

VAN CISE, Judge.

Plaintiff, Regional Transportation District (RTD), instituted this action in the district court, pursuant to § 39-21-105, C.R.S.1973, appealing the final determination of the Department of Revenue (the Department) that RTD was liable for passenger-mile tax under § 42-3-123(18)(a), C.R.S.1973, on passenger-miles operated outside the boundaries of a city, a city and county, or an incorporated town, and rejecting RTD's claim for refund of the...

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