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GRAHAM v. STATE

No. 96SC650.

956 P.2d 556 (1998)

Dean GRAHAM, individually and d/b/a Elkhorn Stables; Jerry Zahourek, individually and d/b/a Elkhorn Lodge; and Associated Property Consultants, Petitioners, v. STATE of Colorado, acting by and on Behalf of the UNIVERSITY OF NORTHERN COLORADO, Respondent.

Supreme Court of Colorado, En Banc.

April 6, 1998.

Attorney(s) appearing for the Case

Clark S. Spalsbury, Jr., Estes Park, for Petitioners.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Garth C. Lucero, Deputy Attorney General, Timothy R. Arnold, Deputy Attorney General, Gregg E. Kay, First Assistant Attorney General, Jack M. Wesoky, Senior Assistant Attorney General, Civil Litigation Section, Tort Litigation, Denver, for Respondent.

Justice KOURLIS delivered the Opinion of the Court.

We granted certiorari in this case1 to review State v. Zahourek, 935 P.2d 74 (Colo.App.1996), in which the court of appeals held that the University of Northern Colorado (UNC) was not a person subject to liability under 42 U.S.C. § 1983. We conclude that the court correctly decided the issue, therefore...

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