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FOOS v. STATE

No. 93CA0626.

888 P.2d 321 (1994)

Edward FOOS, Plaintiff-Appellant, v. STATE of Colorado; Department of Revenue of the State of Colorado, Motor Vehicle Division, Hearing Section; Pauline Tupper, as the Hearing Officer; and Kevin Patterson, as the Representative of the Executive Branch of the State of Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 4, 1994.

Certiorari Denied February 6, 1995.

Attorney(s) appearing for the Case

Jack Kintzele, Denver, for plaintiff-appellant.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Mark W. Gerganoff, Asst. Atty. Gen., Denver, for defendants-appellees.

Opinion by Judge PLANK.

Plaintiff, Edward Foos, appeals from the district court judgment dismissing his complaint for judicial review of an order of the Department of Revenue (Department), which revoked his driver's license in proceedings pursuant to § 42-2-122.1, C.R.S. (1993 Repl. Vol. 17). The district court ruled that it lacked jurisdiction to proceed in this matter because plaintiff had not exhausted his administrative remedies before seeking judicial review...

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