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HOLLER v. NORTH DAKOTA DEPT. OF TRANSP. DIRECTOR

Civ. No. 900361.

470 N.W.2d 616 (1991)

Derrick J. HOLLER, Petitioner and Appellee, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION DIRECTOR, Respondent and Appellant.

Supreme Court of North Dakota.

June 3, 1991.

Attorney(s) appearing for the Case

Weiss, Wright, Paulson & Merrick, Jamestown, for petitioner and appellee, argued by Robert W. Martin.

Elaine Ayers, Asst. Atty. Gen. (argued), Attorney General's Office, Bismarck, for respondent and appellant.

GIERKE, Justice.

The Director, North Dakota Department of Transportation, appeals from a district court judgment reversing an administrative suspension of Derrick Holler's driver's license and ordering reinstatement of the license. We reverse the district court judgment.

On May 27, 1990, North Dakota Highway Patrol Trooper Ness arrested Holler for driving while under the influence of intoxicating liquor. Thereafter, Holler agreed to a blood test which was...

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