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F.W. WOOLWORTH CO. v. STATE DEPT. OF REVENUE

No. 83CA0717.

699 P.2d 1 (1984)

F.W. WOOLWORTH COMPANY, Plaintiff-Appellee and Cross-Appellant, v. STATE of Colorado DEPARTMENT OF REVENUE, and Alan Charnes, Executive Director, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 18, 1984.

Certiorari Denied April 22, 1985.

Attorney(s) appearing for the Case

Ireland, Stapleton, Pryor & Pascoe, P.C., Tucker K. Trautman, Susan N. Weller, Denver, for plaintiff-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Denver, for defendants-appellants.

KELLY, Judge.

The Department of Revenue appeals a summary judgment entered in favor of F.W. Woolworth Company, determining that § 39-26-125, C.R.S., precludes this action for the collection of sales taxes allegedly owed by Woolworth for the period July 1, 1965, through August 31, 1973. Woolworth cross-appeals the trial court's determination that excusable neglect prevented the Department from timely filing a notice of appeal and extended the time for filing....

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