STATE v. BUCKLEY POWDER CO.

No. 96SC243.

945 P.2d 841 (1997)

STATE of Colorado; Gale A. Norton, in her official capacity as Attorney General of the State of Colorado; Department of Revenue for the State of Colorado; Renny Fagen, in his official capacity as Executive Director, Department of Revenue, Dee Hartman, in his official capacity as Director, Division of Motor Vehicles, Department of Revenue; Larry Huls, in his official capacity as Assistant Director, Motor Vehicle Division, Department of Revenue; Jean Goin, in her official capacity as Program Administrator, Motor Vehicle Division, Department of Revenue; and Jaki Berry, in her official capacity as Administrative Officer, Motor Carrier Services, Motor Vehicle Division, Department of Revenue, Petitioners, v. BUCKLEY POWDER CO., for itself, and on behalf of similarly situated entities, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 20, 1997.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Paul Farley, Deputy Attorney General, Larry A. Williams, First Assistant Attorney General, Mark W. Gerganoff, Assistant Attorney General, State Services Section, Denver, for Petitioners.

King & Isaacson, P.C., Scott E. Isaacson, Salt Lake City, UT, Hutchinson Neider Ward & King, Richard C. Hutchison, Murray, UT, for Respondent.


Justice MULLARKEY delivered the Opinion of the Court.

We granted certiorari to determine if the court of appeals erred in Buckley Powder Co. v. State, 924 P.2d 1133 (Colo.App.1996), when it reversed the district court's denial of class certification under C.R.C.P. 23 for lack of need.1 Buckley Powder Co. (Buckley) brought suit on behalf of itself and others alleging that the State's motor vehicle...

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