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LUND v. NORTH DAKOTA STATE HIGHWAY DEPT.

Civ. Nos. 11365, 11387.

403 N.W.2d 25 (1987)

Arlin LUND, Plaintiff and Appellant, v. NORTH DAKOTA STATE HIGHWAY DEPARTMENT, Walter Hjelle, State Highway Commissioner, Officer Steven Kenner, and Deputy Raymond Dingeman, Defendants and Appellees.

Supreme Court of North Dakota.

March 27, 1987.

Attorney(s) appearing for the Case

Fintan L. Dooley, Bismarck, for plaintiff and appellant; submitted on brief.

Myron E. Bothun, Asst. Atty. Gen., Bismarck, for North Dakota State Highway Department and Walter Hjelle, State Highway Commissioner; submitted on brief.

Hugh P. Seaworth, City Atty., Bismarck, for Officer Steven Kenner; submitted on brief.

Lawrence A. Dopson, of Pearce & Durick, Bismarck, for Deputy Raymond Dingeman; submitted on brief.

VANDE WALLE, Justice.

Arlin Lund appealed from the order of the district court of Burleigh County which denied his application for a writ of mandamus, and from orders dismissing his complaint. We granted a motion for consolidation of the appeals and we affirm the orders and judgment.

Lund was arrested on March 30, 1986, and charged with the offense of driving a vehicle while under the influence of intoxicating liquor. Lund requested a hearing before the State...

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