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KIRK v. DENVER PUB. CO.

No. 88SA405.

818 P.2d 262 (1991)

Dewayne C. KIRK, Plaintiff-Appellant, v. The DENVER PUBLISHING COMPANY, a Colorado corporation, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 23, 1991.

Attorney(s) appearing for the Case

Pryor, Carney and Johnson, P.C., W. Randolph Barnhart, Arlene V. Dykstra, Thomas L. Roberts, Richard V. Hess, Englewood, for plaintiff-appellant.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Dianne Eret, First Asst. Atty. Gen., Denver, for amicus curiae State of Colo.

Justice QUINN delivered the Opinion of the Court.

This case involves a challenge to the constitutionality of section 13-21-102(4), 6A C.R.S. (1987), which was enacted in 1986 as part of tort-reform legislation and requires a party receiving an exemplary damages award to pay one-third of all such "damages collected ... into the state general fund."1 DeWayne C. Kirk filed a tort claim against Denver Publishing Company,

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