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MALONE v. DEPT. OF REVENUE

No. 84CA0956.

707 P.2d 363 (1985)

Thomas Hugh MALONE, Plaintiff-Appellant, v. DEPARTMENT OF REVENUE, STATE OF COLORADO, MOTOR VEHICLE DIVISION, and Hearing Officer, G. Meyer, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

August 29, 1985.

Attorney(s) appearing for the Case

Alan J. Pomeranz, Denver, for plaintiff-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Steven M. Bush, Asst. Atty. Gen., Denver, for defendants-appellees.

ENOCH, Chief Judge.

Plaintiff, Thomas H. Malone, appeals from a trial court judgment which affirmed the Motor Vehicle Division's revocation of his driver's license under § 42-2-122.1(1)(a)(I), C.R.S. (1984 Repl.Vol. 17). We affirm.

We do not agree with plaintiff's contention that the lack of a Department of Health operational checklist resulted in an insufficient demonstration by the Division of the accuracy of the testing device and that this violated...

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