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ARCHER DANIELS MIDLAND CO. v. STATE

No. 83SA23.

690 P.2d 177 (1984)

ARCHER DANIELS MIDLAND COMPANY, a Delaware corporation, Plaintiff-Appellant, v. STATE of Colorado; Colorado Department of Revenue; Richard D. Lamm, in his official capacity as Governor of Colorado; and Alan N. Charnes, in his official capacity as Executive Director of the Colorado Department of Revenue, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 10, 1984.

Attorney(s) appearing for the Case

Davis, Graham & Stubbs, Alan M. Loeb, Margaret Leavitt, Denver, for plaintiff-appellant.

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

DUBOFSKY, Justice.

Archer Daniels Midland Company, the plaintiff, appeals a Denver District Court ruling upholding the constitutionality of section 39-27-102(1)(a)(III), 16B C.R.S. (1982), which provides for a five cent per gallon sales tax reduction on certain gasohol containing at least ten percent alcohol derived from agricultural and forest products. 1 The tax reduction is limited to gasohol...

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