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MCLANE WESTERN v. DEPARTMENT OF REVENUE

No. 03CA2471.

126 P.3d 211 (2005)

MCLANE WESTERN, INC., Plaintiff-Appellant, v. DEPARTMENT OF REVENUE of the State of Colorado; and M. Michael Cooke, as the Executive Director of the Department of Revenue of the State of Colorado, Defendants-Appellees.

Colorado Court of Appeals, Division IV.

Certiorari Denied January 9, 2006.

Attorney(s) appearing for the Case

Morrison & Foerster LLP, J. Eric Elliff, Thomas H. Steele, Mark E. Medina, Denver, Colorado, for Plaintiff-Appellant.

John W. Suthers, Attorney General, Andrew W. Swain, Special Attorney General, Denver, Colorado, for Defendants-Appellees.

ROY, J.

Plaintiff, McLane Western, Inc., appeals the trial court's summary judgment in favor of defendants, the Department of Revenue of the State of Colorado and M. Michael Cooke, its Executive Director (collectively, the Department). We affirm.

The sole issue presented in this case is whether the excise tax imposed by Colorado on "the sale, use, consumption, handling, or distribution" of certain tobacco products...

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