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McRAE & DeLAND v. FELTCH

No. 18837.

669 P.2d 404 (1983)

McRAE & DeLAND, a partnership of Robert M. McRae and Loni F. DeLand, JoAnn Blackburn, Henry James Barela, Joyce Kathryn Nazarenus, Jack Hyrum Hallett, Rance Rasmussen, Grant John Gardiner, James Argus Faulkner, Kurt Steven Cheek, Scott Harrington Oakley, Harvey Lee Childeus, Ronald Wayne Hunt, Kelly Dean Goodrich, Judith Ann Looney, Earl R. Jenkins, Leora Chivers, George Ed Gudac, Jr., Herschell LeRoy Hill, George McKinney, Lyle Morey, Harold Fred Price, George Rendon, Alan Rice, Richard Tilquist, Peter Ayotte, Jon E. Miles and James E. Smith, Plaintiffs and Appellants, v. Brent FELTCH, as Justice of the Peace of Uintah County, Defendant and Respondent.

Supreme Court of Utah.

August 4, 1983.

Attorney(s) appearing for the Case

Loni F. DeLand, Salt Lake City, for plaintiffs and appellants.

David L. Wilkinson, Atty. Gen., Robert N. Parrish, Asst. Atty. Gen., Salt Lake City, Clark B. Allred, County Atty., Vernal, for defendant and respondent.

DURHAM, Justice:

This is an action by the appellants for declaratory relief with respect to the constitutionality of U.C.A., 1953, § 41-6-44 (Interim Supp. 1982),1 regarding driving under the influence of intoxicants (hereafter "DUI"). The trial court granted the respondent's Motion to Dismiss. We affirm.

On April 7, 1982, the appellants filed a Verified Complaint for Declaratory Judgment. The appellants consist of twenty...

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