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TRANS SHUTTLE v. PUBLIC UTILITIES COM'N

No. 02SA36.

58 P.3d 47 (2002)

TRANS SHUTTLE, INC., a Colorado corporation; and Yeshigeta Gebermichael, d/b/a Ethio Airport Shuttle, Petitioner, v. PUBLIC UTILITIES COMMISSION OF THE STATE of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

November 18, 2002.

Attorney(s) appearing for the Case

Hochstadt, Straw, Strauss, & Silverman, P.C., Richard S. Strauss, Denver, Colorado, for Petitioner.

Ken Salazar, Attorney General, David S. Beckett, Assistant Attorney General, Denver, Colorado, for Respondent.

Chief Justice MULLARKEY delivered the Opinion of the Court.

Trans Shuttle, Inc. ("Trans Shuttle") appeals from an order of the Denver District Court granting the Public Utilities Commission's ("PUC") motion to dismiss Trans Shuttle's claim for lack of subject matter jurisdiction. The district court found that Trans Shuttle's initial pleading seeking judicial review of a PUC decision, captioned as a complaint under C.R.C.P. 106, was jurisdictionally

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