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FARLEIGH v. MUNICIPALITY OF ANCHORAGE

Nos. S-1162, S-1183.

728 P.2d 637 (1986)

John B. FARLEIGH, Petitioner, v. MUNICIPALITY OF ANCHORAGE, Respondent. Klass KARELS, Bruce Adams, and John W. Cramer, Petitioners, v. MUNICIPALITY OF ANCHORAGE, Respondent.

Supreme Court of Alaska.

November 21, 1986.

Attorney(s) appearing for the Case

Jeffrey M. Feldman, Gilmore & Feldman, Anchorage, for petitioner Farleigh.

Susan Orlansky, Asst. Public Defender, and Dana Fabe, Public Defender, Anchorage, for petitioners Karels, Adams, and Cramer.

Scott J. Sidell, Asst. Municipal Prosecutor, Anchorage, for respondent.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

RABINOWITZ, Chief Justice.

Petitioners in this case were each arrested and subsequently convicted for driving while intoxicated (DWI). Petitioners each made motions to suppress the results of breathalyzer tests administered to them on the ground that the police failed to preserve a breath sample. Their cases were stayed in the district court pending the outcome of a case before the court of appeals raising the same issue.

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