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BROADMOOR HOTEL v. DEPARTMENT OF REVENUE

No. 87CA1639.

773 P.2d 627 (1989)

BROADMOOR HOTEL, INC., a Colorado corporation, Plaintiff-Appellee, v. The DEPARTMENT OF REVENUE, STATE of COLORADO; Alan H. Charnes, Executive Director, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

April 6, 1989.

Attorney(s) appearing for the Case

Sherman & Howard, Ben S. Wendelken, Colorado Springs, for plaintiff-appellee.

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.

PIERCE, Judge.

The Department of Revenue (Department) and its executive director, appeal a district court judgment reversing its decision and entering a summary judgment in favor of plaintiff, Broadmoor Hotel, Inc. We reverse.

The Broadmoor is a resort hotel which operates eight bars on its premises. Some of these bars make available to their patrons complimentary snacks and hors d'oeuvres which are purchased by the Broadmoor at wholesale. The issues on appeal...

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