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PASSARELLI v. SCHOETTLER

No. 85SA208.

742 P.2d 867 (1987)

Ronald PASSARELLI, Plaintiff-Appellee, v. Gail SCHOETTLER and State of Colorado, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing October 5, 1987.

Attorney(s) appearing for the Case

Haddon, Morgan & Foreman, P.C., Norman R. Mueller, Kenneth S. Canfield, Denver, for plaintiff-appellee.

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

KIRSHBAUM, Justice.

Appellants Colorado State Treasurer Gail Schoettler and the State of Colorado (collectively "the State") appeal the trial court's order declaring a portion of section 31-4-504.5, 12B C.R.S. (1986), unconstitutional and awarding the appellee, Ronald Passarelli, reimbursement for expenses he incurred in a recall election resulting in his retention in public office.1 We affirm.

I

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