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HILLYARD v. LOGAN CITY COURT

No. 15298.

578 P.2d 1270 (1978)

Michael J. HILLYARD, Plaintiff and Respondent, v. LOGAN CITY COURT, Defendant and Appellant.

Supreme Court of Utah.

April 18, 1978.

Attorney(s) appearing for the Case

Burton H. Harris, Cache County Atty., George W. Preston, Deputy Cache County Atty., Logan, for defendant and appellant.

Gordon J. Low, Logan, for plaintiff and respondent.

MAUGHAN, Justice:

The district court granted plaintiff's petition for an extraordinary writ under Rule 65B, U.R.C.P. It issued an order prohibiting Logan City Court from further proceeding against plaintiff in a criminal action. The action was begun by the state charging defendant with driving under the influence of alcohol in violation of Sec. 41-6-44. The state appeals. The order of the district court is affirmed. All statutory references are to U.C.A. 1953.

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