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FERREL v. COLORADO DEPT. OF CORRECTIONS

No. 05CA2303.

179 P.3d 178 (2007)

Lowell O. FERREL, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF CORRECTIONS, Colorado State Personnel Board, and Delores Montoya, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied July 19, 2007.

Certiorari Dismissed October 5, 2007.

Attorney(s) appearing for the Case

Furman, Kerns & Bauer, LLC, Steven M. Furman, Fort Morgan, Colorado, for Plaintiff-Appellant.

John W. Suthers, Attorney General, Stephanie L. Scoville, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees Colorado Department of Corrections and Delores Montoya.

John W. Suthers, Attorney General, Pamela C. Sanchez, Assistant Attorney General, Denver, Colorado, for Defendant-Appellee Colorado State Personnel Board.

Opinion by Judge FURMAN.

Plaintiff, Lowell O. Ferrel, appeals the trial court judgment dismissing various claims against defendants, Colorado Department of Corrections (DOC), the Colorado State Personnel Board (Board), and Delores Montoya, for lack of subject matter jurisdiction under C.R.C.P. 12(b)(1). Ferrel's main contentions concern the procedure for, and substance of, the trial court's determination of subject matter jurisdiction in a whistleblower act case when...

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