VOYLES v. THORNEYCROFT

Civ. No. 74-53 Phx WEC.

398 F.Supp. 706 (1975)

Gilbert L. VOYLES, Plaintiff, v. Philip THORNEYCROFT, Superintendent, Motor Vehicle Division, Arizona Highway Department, Defendant.

United States District Court, D. Arizona.

March 21, 1975.


Attorney(s) appearing for the Case

Clark L. Derrick of Flynn, Kimerer, Thinnes, Derrick & Lindholm, Phoenix, Ariz., for plaintiff.

Asst. Atty. Gen. Paul S. Harter, Phoenix, Ariz., for defendant.

Before KILKENNY, Circuit Judge and EAST and CRAIG, District Judges.


OPINION

CRAIG, District Judge.

Plaintiff in the above entitled cause attacks the constitutionality of the Arizona Implied Consent Law, A.R.S. § 28-691. Plaintiff has instituted the action pursuant to Title 42 U.S.C. § 1983, and invokes the jurisdiction of this Court pursuant to Title 28 U.S.C. § 1343.

This is the second time the Implied Consent Statute of Arizona has been challenged on constitutional grounds before this Court, Chavez...

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