NORSWORTHY v. COLORADO DEPT. OF REVENUE, ETC.

No. 28495.

594 P.2d 1055 (1979)

James E. NORSWORTHY, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

May 21, 1979.


Attorney(s) appearing for the Case

William R. Dowhan, Aurora, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Yvette P. Fossum, Asst. Atty. Gen., Legal Services Section, Denver, for defendant-appellee.


LEE, Justice.

Plaintiff James E. Norsworthy appeals from a judgment of the district court, which affirmed an order of the department of revenue revoking his driver's license for a period of six months, as provided by the implied consent law, section 42-4-1202(3), C.R.S. 1973. The plaintiff asserts that a default judgment should have been entered in his behalf after the department failed to file a timely answer to his complaint...

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