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STATE EX REL. HJELLE v. A MOTOR VEHICLE, ETC.

Civ. No. 9769.

299 N.W.2d 557 (1980)

STATE of North Dakota ex rel. W. R. HJELLE, Highway Commissioner, Plaintiff and Appellee, v. A MOTOR VEHICLE DESCRIBED AS A 1973 BROCKWAY TRACTOR LICENSE NO. 237342, SERIAL NO. 79629, TRAILER SN # 75-2531-LB-150, Defendant and Appellant.

Supreme Court of North Dakota.

November 3, 1980.

Attorney(s) appearing for the Case

Reichert, Howe, Hardy, Galloway & Jorgenson, Dickinson, for plaintiff and appellee; no appearance.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendant and appellant; argued by Paul G. Kloster, Dickinson.

SAND, Justice.

The defendant truck appealed from a judgment resulting from an action brought pursuant to Chapter 39-12, North Dakota Century Code, by the State of North Dakota on relation of the Highway Commissioner, to recover charges for the extraordinary use of a highway by a vehicle exceeding the legal weight requirements.

On 23 May 1979 at approximately 9 o'clock a.m., the defendant truck owned by Candee Construction Co. and operated by Richard Krieter...

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