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MAY DEPT. STORES v. STATE EX REL. WOODARD

No. 92SC749.

863 P.2d 967 (1993)

The MAY DEPARTMENT STORES COMPANY, a New York corporation, d/b/a May D & F, Petitioner, v. The STATE of Colorado ex rel. Duane WOODARD, Attorney General of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 6, 1993.

Attorney(s) appearing for the Case

Williams, Youle & Koenigs, P.C., Robert E. Youle, Karen DuWaldt, Denver, Ronald J. Dolan, Stephen J. Horace, St. Louis, MO, for petitioner.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Garth C. Lucero, Deputy Atty. Gen., Jan Michael Zavislan, First Asst. Atty. Gen., Diana R. Maurer, Jack M. Wesoky, James R. Lewis, Asst. Attys. Gen., for respondent.

William C. MacLeod, Washington, DC, Graft, Thompson and Toedte, P.C., Alexander L. Thomson, Englewood, for amicus curiae Colorado Retail Council.

Justice ERICKSON delivered the Opinion of the Court.

The State of Colorado brought this action pursuant to the Colorado Consumer Protection Act to recover damages and to enjoin the May Department Stores Company, a New York corporation, d/b/a May D & F (May D & F). Following an eight-day trial to the court, the district court found May D & F's price comparison advertising violated the Colorado Consumer Protection Act (CCPA), sections 6-1-101 to -115, 2...

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