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LANCASTER v. DEPT. OF JUSTICE

No. 85-148.

706 P.2d 126 (1985)

Gary Jack LANCASTER and Don Lawrence Henriksen, Petitioners and Appellants, v. DEPT. OF JUSTICE, DIVISION OF MOTOR VEHICLES, Respondents and Respondents.

Supreme Court of Montana.

Decided September 18, 1985.

Attorney(s) appearing for the Case

Linda McNiel, Bozeman, for petitioners and appellants.

Barbara Claassen, Asst. Atty. Gen., Helena, Martin Lambert, Deputy County Atty., Bozeman, for respondents and respondents.

MORRISON, Justice.

Gary Lancaster and Don Henriksen (appellants) appeal the findings of fact, conclusions of law and order of the District Court of the Eighteenth Judicial District granting the Division of Motor Vehicles' (respondents) motion to quash an alternative writ of mandate.

Appellants were both cited in separate incidents with second offense driving under the influence of alcohol. Both moved the Justice Court of Gallatin County, to strike their prior...

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