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POTTER v. DEPT. OF REVENUE, MOTOR VEH. D.

No. 85CA1655.

739 P.2d 908 (1987)

Michael Francis POTTER, Plaintiff-Appellee and Cross-Appellant, v. STATE of Colorado, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION; Alan N. Charnes, Executive Director of Said Department; R.W. Skeen, Motor Vehicle Administrator; and George M. Theobald, Chief Hearing Officer, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied June 4, 1987.

Attorney(s) appearing for the Case

Gehler & Merrigan, Thomas E. Merrigan, Commerce City, for plaintiff-appellee and cross-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-appellants and cross-appellees.

SILVERSTEIN,* Judge.

Plaintiff brought this action to review the revocation of his driver's license by the Department of Revenue (Department). The trial court set aside the revocation, and ordered the Department to grant plaintiff a full hearing on the merits of his license revocation. The Department appeals the setting aside of the revocation, and plaintiff appeals that part of the judgment which ordered a hearing on the merits, contending...

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