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DUKE v. STATE, DEPT. OF PUBLIC SAFETY

No. 82-441.

424 So.2d 1262 (1982)

Ken Kerrell DUKE, Plaintiff-Appellant, v. STATE of Louisiana, DEPARTMENT OF PUBLIC SAFETY, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

December 22, 1982.

Attorney(s) appearing for the Case

Gaharan & Wilson, Donald R. Wilson, Jena, for plaintiff-appellant.

Ralph W. Stephenson, Jr., Asst. Gen. Counsel, Baton Rouge, for defendant-appellee.

Before GUIDRY, CUTRER and STOKER, JJ.

STOKER, Judge.

Plaintiff, Ken Duke, filed suit in district court seeking full reinstatement of his driving privileges, reduction of the suspension period from two years to one year, or issuance of a restricted drivers license. The defendant, the State through the Department of Public Safety, filed an answer and exception of no cause of action in the same pleading. At a hearing on defendant's exception of no cause of action, evidence was admitted apparently without...

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