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RATHKE v. MacFARLANE

No. 81SA263.

648 P.2d 648 (1982)

Earl RATHKE, d/b/a Colorado Collectors Center, a sole proprietorship, Klaus Degler, d/b/a Rocky Mountain Coin & Stamp, a sole proprietorship, Jackie D. Willis, Inc., d/b/a Denver Gold & Silver Exchange, a Colorado corporation, Appellants, v. J. D. MacFARLANE, Attorney General of the State of Colorado, Dale Tooley, District Attorney for the 2nd Judicial District of the State of Colorado, and Arthur G. Dill, Chief of Police of the City and County of Denver, Appellees.

Supreme Court of Colorado, En Banc.

July 19, 1982.

Attorney(s) appearing for the Case

Sherman & Sherman, P.C., David M. Sherman, Edward H. Sherman, Denver, for appellants.

R. Dale Tooley, Dist. Atty., Second Judicial District, J. D. MacFarlane, Atty. Gen., Brook Wunnicke, Chief Appellate Deputy Dist. Atty., J. Stephen Phillips, First Asst. Atty. Gen., John Olsen, Deputy Dist. Atty., Denver, for appellees.

ERICKSON, Justice.

This is an appeal from the denial of a motion for a preliminary injunction by which the appellants, Rathke et al., (Rathke) sought to enjoin the appellees, the Attorney General of the State of Colorado et al., from enforcing section 18-16-101 et seq., C.R.S.1973 (1978 Repl. Vol. 8) (1981 Supp.). The trial court denied the motion on the ground that the appellants failed to establish the probability that the challenged statute...

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