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WENTZ v. ONE WHITE 1952 DIESEL THREE-TON TRACTOR

No. 7780.

110 N.W.2d 178 (1961)

A. W. WENTZ, Commissioner of the State Highway Department, Plaintiff and Respondent, v. ONE WHITE 1952 DIESEL THREE-TON TRACTOR AND SEMI-TRAILER, License: N. Dak. 1956 T11-316, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied August 10, 1961.

Attorney(s) appearing for the Case

Leslie R. Burgum, Atty. Gen., Vernon R. Pederson, Asst. Atty. Gen., Francis Briedenbach, Sp. Asst. Atty. Gen., and Erwin H. Brendel, State's Atty., Renville County, Mohall, for plaintiff and respondent.

Rausch & Chapman, Bismarck, for defendant and appellant.

MORRIS, Judge (On reassignment after reargument).

This proceeding was commenced by S. W. Thompson, Commissioner of the North Dakota State Highway Department. A. W. Wentz, his successor, was substituted as plaintiff by stipulation. Chapter 257, Session Laws N.D.1955 (Sections 39-12-11 to 39-12-22, inclusive, NDCC), according to its title provides for the impounding of any vehicle operated on any highway, street or road of this state at a weight in excess of weight...

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