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KUHN v. STATE

Nos. 95SA291, 96SA205.

924 P.2d 1053 (1996)

Wendell Speer KUHN, Jr.; Francis E. Becker, Jr.; Bruce C. Derenthal; Julian Russell Dracon; Jacqueline Farrar; Robert J. Flor; Edward N. Gootee, Jr.; David S. Harrigan; Jerry D. Jacks; Joe B. Mohorn; Richard C. Poyns; Donald L. Tatterson; Drew Charles Weyland; Richard W. Zolman; and all others similarly situated, Plaintiffs-Appellants, and Coghill & Goodspeed, P.C., and Sparks Dix, P.C., on behalf of themselves individually and as class counsel, Attorneys-Appellants, v. STATE of Colorado; The Department of Revenue of the State of Colorado; and John J. Tipton, in his capacity as Executive Director of The Department of Revenue of the State of Colorado, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

September 23, 1996.

Attorney(s) appearing for the Case

Coghill & Goodspeed, P.C., G. Stephen Long, David J. Richman, Martin D. Beier, Denver, Sparks Dix, P.C., Timothy V. Dix, R. Kenneth Sparks, Colorado Springs, for Plaintiffs-Appellants/Attorneys-Appellants.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Paul Farley, Deputy Attorney General, Larry A. Williams, First Assistant Attorney General, Thomas D. Fears, Assistant Attorney General, State Services Section, Denver, for Defendants-Appellees.

Justice KOURLIS delivered the Opinion of the Court.

We accepted transfer of this case under C.A.R. 50 prior to judgment of the court of appeals in order to review the District Court's application of section 13-17-203, 6A C.R.S. (1996 Supp.), to class counsel's request for an attorney fees award in Kuhn v. Colorado, No. 89CV9164, pending in Denver District Court. Because we find that class counsel's right to the fee had vested prior to the passage of section...

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