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SPEER v. KOURLIS

No. 95CA0612.

935 P.2d 43 (1996)

George M. SPEER, Speer Flying Service, Inc., Michael R. Johnston and G & M Aerial Spraying, Inc., Plaintiffs-Appellants, v. Thomas A. KOURLIS, Commissioner of Agriculture and The Colorado Department of Agriculture, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 22, 1996.

Certiorari Denied March 17, 1997.

Attorney(s) appearing for the Case

Mark A. Stanard, Brighton, Charles F. Kaiser, Denver, for Plaintiffs-Appellants.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Kathie A. Greenwalt Troudt and Donna L. Rice, Assistant Attorney General, Regulatory Law Section, Denver, for Defendants-Appellees.

Opinion by Judge PLANK.

Plaintiffs, George M. Speer, Speer Flying Service, Inc. (SFS), Michael R. Johnston, and G & M Aerial Spraying, Inc. (G & M), appeal the trial court's judgment affirming the final agency order of the Commissioner of the Colorado Department of Agriculture (the Department). We affirm in part and reverse in part.

SFS and G & M are corporate entities engaged in the business of "crop dusting," the aerial application of pesticides...

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