Legal Opinion

State v. Buckley Powder Co.

Supreme Court of Colorado

Decided September 15, 1997No. 96SC243PublishedCited by 21 opinions

1Opinion of the CourtJustice Mullarkey

We granted certiorari to determine if the court of appeals erred in Buckley Powder Co. v. State, 924 P.2d 1133 (Colo.App.1996), when it reversed the district court’s denial of class certification under C.R.C.P. 23 for lack of need. 1 Buckley Powder Co. (Buckley) brought suit on behalf of itself and others alleging that the State’s motor vehicle registration and tax statutes as amended in 1989 and 1990 violated the commerce clause and seeking injunctive and declaratory relief and refunds of the allegedly improperly collected taxes. Because our intervening decision in Riverton Produce Co. v.…

2Cases cited11 opinions

  1. McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business RegulationSupreme Court of the United States · 1990
  2. Atchison, Topeka & Santa Fe Railway Co. v. O'ConnorSupreme Court of the United States · 1912
  3. Marie Wilcox, Appellants-Plaintiffs v. Commerce Bank of Kansas City, a Corporation, Appellee-DefendantCourt of Appeals for the Tenth Circuit · 1973
  4. Burt Fujishima v. Board of EducationCourt of Appeals for the Seventh Circuit · 1972
  5. Friends of Chamber Music v. City & County of DenverSupreme Court of Colorado · 1985

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3Cited by21 opinions

  1. State ex rel. Davis v. Public Employees Retirement BoardOhio Supreme Court · 2006
  2. Buckley Powder Co. v. StateColorado Court of Appeals · 2002
  3. Furlong v. GardnerSupreme Court of Colorado · 1998
  4. People v. GallegosColorado Court of Appeals · 2009
  5. Jackson v. Unocal Corp.Supreme Court of Colorado · 2011

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