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WALKER v. ARRIES

No. 95CA0246.

908 P.2d 1180 (1995)

Gary WALKER, Plaintiff-Appellant, v. William ARRIES, County Court Judge for Weld County, Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

November 2, 1995.

Attorney(s) appearing for the Case

Dickson and Dickson, P.C., Charles B. Dickson, Greeley, for Plaintiff-Appellant.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Alesia M. McCloud-Chan, Assistant Attorney General, Denver, for Defendant-Appellee.

Opinion by Judge JONES.

Plaintiff, Gary Walker, appeals the district court's dismissal of his complaint under C.R.C.P. 106(a)(4). We affirm.

The following facts are not in dispute. In 1994, plaintiff was charged in the Weld County Court under § 42-4-1202, C.R.S. (1993 Repl.Vol. 17), now recodified at § 42-4-1301, C.R.S. (1995 Cum.Supp.), with one count of driving under the influence of alcohol and a second count of driving with excessive alcohol...

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