BUCKLEY POWDER CO. v. STATE

No. 00CA2265.

70 P.3d 547 (2002)

BUCKLEY POWDER CO., for itself and on behalf of similarly situated entities, Plaintiff-Appellee and Cross-Appellant, v. STATE of Colorado; Gale Norton, in her official capacity as Attorney General of the State of Colorado; Colorado Department of Revenue; Renny Fagan, 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 D. Huls, in his official capacity as Assistant Director, Division of Motor Vehicles, Department of Revenue; and Jaki Berry, in her official capacity as Administrative Officer, Motor Carrier Services, Division of Motor Vehicles, Department of Revenue, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. V.

Certiorari Denied May 27, 2003.


Attorney(s) appearing for the Case

Timmins & Associates, L.L.C., Edward P. Timmins, Jo Deziel Timmins, Denver, Colorado; King, Burke & Schaap, Thomas King, Salt Lake City, Utah; Richard C. Hutchison, Farmington, Utah, for Plaintiff-Appellee and Cross-Appellant.

Ken Salazar, Attorney General, Mark W. Gerganoff, Assistant Attorney General, Denver, Colorado, for Defendants-Appellants and Cross-Appellees.


Opinion by Judge WEBB.

In this tax refund class action, defendants, State of Colorado, Colorado Department of Revenue, and various state officials (collectively, the state), appeal from the trial court's judgment certifying damages classes under C.R.C.P. 23(b)(3) and creating a common fund...

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