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STATE OF COLORADO EX REL. COLORADO ATTORNEY GENERAL, DUANE WOODARD, PLAINTIFF-APPELLANT AND CROSS-APPELLEE, v. WESTERN PAVING CONSTRUCTION CO., DEFENDANT-APPELLEE AND CROSS-APPELLANT.

PER CURIAM.

The prior judgment of this Court is vacated and the panel opinion of this Court, 833 F.2d 867 (1987), is withdrawn. The judgment of the District Court, 630 F. Supp. 206, is affirmed by an equally divided Court.

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STATE, COLO. ATTY. GEN. v. W. PAVING CONST
(Mar 10, 1988)