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DeWART v. STATE

No. 92-019.

835 P.2d 769 (1992)

Jack E. DeWART, Plaintiff and Appellant, v. The STATE of Montana, acting through the DEPARTMENT OF JUSTICE, Defendant and Respondent.

Supreme Court of Montana.

Decided August 13, 1992.

Attorney(s) appearing for the Case

John Bobinski, Helena, for plaintiff and appellant.

Marc Racicot, Atty. Gen., Peter Funk, Asst. Atty. Gen., Mike McGrath, County Atty., Helena, for defendant and respondent.

GRAY, Justice.

Jack E. DeWart appeals from an Order of the First Judicial District Court, Lewis and Clark County, dismissing his complaint for declaratory and injunctive relief. We affirm.

The issue on appeal is whether the District Court erred in concluding that § 61-5-208(2), MCA (1989), requires a one year driver's license revocation when an individual is convicted of a blood alcohol concentration (BAC) violation within five years of a driving under...

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