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DOWNEY v. DEPT. OF REVENUE, STATE OF COLO.

No. 81CA0929.

653 P.2d 72 (1982)

David Austin DOWNEY, Plaintiff-Appellant, v. The DEPARTMENT OF REVENUE, STATE OF COLORADO, and B.R. Stafford, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

September 9, 1982.

Attorney(s) appearing for the Case

Dufford, Waldeck, Ruland, Wise & Milburn, William H.T. Frey, Grand Junction, for plaintiff-appellant.

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sp. Asst. Atty. Gen., Roger Morris, Asst. Atty. Gen., Denver, for defendants-appellees.

KELLY, Judge.

David Austin Downey appeals the judgment of the district court affirming the suspension of his driver's license by the Department of Revenue. We affirm.

Downey contends that the district court erred in ruling that he was not acting within the course of his employment under § 42-2-123(1)(a), C.R.S. 1973, which would have entitled him to the 16-point suspension standard of a chauffeur. It is uncontroverted...

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