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AMERICAN DRUG STORE v. DENVER

No. 91SA1.

831 P.2d 465 (1992)

AMERICAN DRUG STORE, INC., d/b/a Osco Drug, an Illinois corporation, Plaintiff-Appellee, v. CITY AND COUNTY OF DENVER, a municipal corporation, and Alan N. Charnes, Manager of Revenue of the City and County of Denver, State of Colorado, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 22, 1992.

Attorney(s) appearing for the Case

Eiberger, Stacy, Smith & Martin, Roy A. Adkins, Kay-Dawn Allen, Denver, for plaintiff-appellee.

Daniel E. Muse, City Atty., Robert F. Strenski, Maria Kayser, Asst. City Attys., Denver, for defendants-appellants.

Justice VOLLACK delivered the Opinion of the Court.

Appellant, the City and County of Denver (the City),1 appeals from a district court order in American Drug Stores, Inc., d/b/a Osco Drug v. City and County of Denver, No. 90CV2083 (Aug. 2, 1990). The district court granted summary judgment in favor of appellee, American Drug Stores (Osco). We reverse and remand with directions.

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