(541 P.2d 1249)

Richard L. Hamrick v. The Colorado Board of Accountancy; Earl Jensen, individually and as a member of the Colorado Board of Accountancy; Margaret L. Bailey, individually and as a member of the Colorado Board of Accountancy; and Marvin Straigt, individually and as a member of the Colorado Board of Accountancy

No. 26805Supreme Court of Colorado.
Decided November 3, 1975.

District court ruled that defendant Board of Accountancy had erroneously interpreted a subsection of the Accountancy Act when it found that plaintiff, an accountant, had violated the Act.

Affirmed by Operation of Law

Appeal from the District Court of the City and County of Denver, Honorable Henry E. Santo, Judge.

Clark, Martin and Pringle, Bruce D. Pringle, for plaintiff-appellee.

J. D. MacFarlane, Attorney General, Jean E. Dubofsky, Deputy, Edward G. Donovan, Solicitor General, Janice L. Burnett, Assistant, for defendants-appellants.

Simon, Eason, Hoyt Malone, P.C., Richard L. Eason, for Colorado Society of Certified Public Accountants, amicus curiae.

Covington Burling, David B. Isabell, for American Institute of Certified Public Accountants, amicus curiae.

En Banc.

Per Curiam

Mr. Justice Day, Mr. Justice Hodges and Mr. Justice Kelley are in favor of affirmance; whereas Mr. Justice Groves, Mr. Justice Lee, and Mr. Justice Erickson are in favor of reversal. Mr. Chief Justice Pringle took no part in the discussion of this case. The court being equally divided in opinion, the judgment stands affirmed by operation of law as provided by C.A.R. 35(e).

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