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CREAGER MERC. CO. v. COLORADO DEPT. OF REV.

Court of Appeals No. 13CA1580.

415 P.3d 825 (2015)

2015 COA 10

CREAGER MERCANTILE COMPANY, INC., Plaintiff-Appellant, v. COLORADO DEPARTMENT OF REVENUE and Barbara Brohl in her official capacity as Executive Director of the Colorado Department of Revenue, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Announced February 12, 2015.

Attorney(s) appearing for the Case

Edward Dale Parrish, LLC, Dale Parrish , James W. Noland , Golden, Colorado, for Plaintiff-Appellant.

Cynthia H. Coffman , Attorney General, Brendon C. Reese , Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Opinion by JUDGE GRAHAM

¶ 1 Plaintiff, Creager Mercantile Company, Inc. (Creager), appeals the judgment of the district court affirming the Colorado Department of Revenue's (DOR's) final determination that Creager is liable for certain taxes on tobacco products. We reverse and remand for entry of judgment in favor of Creager.

I. Background

¶ 2 Creager is a distributor of groceries, tobacco, and other products to convenience...

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