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SNIEZEK v. COLORADO DEPT. OF REVENUE

No. 03CA2116.

113 P.3d 1280 (2005)

Nicki M. SNIEZEK and F.A.C.E. Trading, Inc., d/b/a Face Card Promotions, a Wisconsin corporation, Plaintiffs-Appellants, v. COLORADO DEPARTMENT OF REVENUE and Colorado Liquor Enforcement Division, Defendants-Appellees.

Colorado Court of Appeals, Division III.

May 5, 2005.

Attorney(s) appearing for the Case

James R. True, Aspen, Colorado, for Plaintiffs-Appellants.

John W. Suthers, Attorney General, Robert H. Dodd, Jr., Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

CASEBOLT, J.

In this declaratory judgment and replevin action, plaintiffs, Nicki M. Sniezek and F.A.C.E. Trading, Inc., appeal the judgment in favor of defendants, the Colorado Department of Revenue and the Colorado Liquor Enforcement Division, in which the court determined that the machines and materials employed by plaintiffs constituted gambling devices under § 18-10-102(3), C.R.S.2004. We affirm.

F.A.C.E. manufactures a machine that dispenses "Ad...

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