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SPILMAN v. CALIFORNIA HIGHWAY PATROL

Docket No. A043726.

212 Cal.App.3d 59 (1989)

260 Cal. Rptr. 400

JACK SPILMAN, Plaintiff and Respondent, v. CALIFORNIA HIGHWAY PATROL, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

July 18, 1989.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Robert D. Martland, Chief Assistant Attorney General, N. Eugene Hill, Assistant Attorney General, Robert E. Murphy and Victor D. Sonenberg, Deputy Attorneys General, for Defendant and Appellant.

Thomas S. Brigham and Brigham & Gaustad for Plaintiff and Respondent.

OPINION

STEIN, J.

This appeal concerns the proper construction of Vehicle Code section 22651, subdivision (o).1 For the following reasons, we agree with the construction urged by respondent, Jack Spilman, and affirm.

On March 2, 1988, a California Highway Patrol (CHP) officer removed Spilman's 1959 Peterbilt dump truck from a public highway pursuant to section 22651, subdivision (o).

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