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ANADALE v. DEPT. OF REVENUE, ETC.

No. 82CA0176.

656 P.2d 49 (1982)

Robert M. ANADALE, Plaintiff-Appellee, v. DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 2, 1982.

Certiorari Granted January 10, 1983.

Attorney(s) appearing for the Case

Paul E. Valentine, Fort Collins, for plaintiff-appellee.

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

KIRSHBAUM, Judge.

The Department of Revenue, Motor Vehicle Division (the Department), appeals the judgment of the trial court reversing the Department's suspension of Robert M. Anadale's driving license. We affirm.

The facts are undisputed. On October 22, 1981, the Department conducted a hearing pursuant to § 42-2-123, C.R.S.1973, to determine whether Anadale's license should be suspended. Only Anadale and a hearing officer were present.

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