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SWAN v. DEPARTMENT OF PUBLIC SAFETY

No. 6762.

311 So.2d 498 (1975)

Henry J. SWAN, Jr. v. DEPARTMENT OF PUBLIC SAFETY, of the State of Louisiana, et al.

Court of Appeal of Louisiana, Fourth Circuit.

April 15, 1975.

Attorney(s) appearing for the Case

Caryl H. Vesy, New Orleans, for plaintiff-appellee.

Foye L. Lowe, Jr., Associate Gen. Counsel, Baton Rouge, for defendants-appellants.

Before GULOTTA, MORIAL and BEER, JJ.

MORIAL, Judge.

The Department of Public Safety appeals from a judgment enjoining and prohibiting it from suspending the driver's license of Henry J. Swan, Jr. for refusal to take the chemical test prescribed by LSA-R.S. 32:661 et seq. We affirm.

On January 9, 1974 at about 10:40 P.M. Officers Manual Ortiz, Jr. and John Heavey of the New Orleans Police Department stopped plaintiff after they observed him committing a violation of the New Orleans Traffic Ordinance...

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