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FODE v. DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION

Civ. No. 930242.

507 N.W.2d 541 (1993)

Terri Ann FODE, Petitioner and Appellee, v. DIRECTOR OF the DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

November 10, 1993.

Attorney(s) appearing for the Case

Randall L. Hoffman, Paulson & Merrick, Jamestown, for petitioner and appellee; submitted on brief.

Douglas B. Anderson, Asst. Atty. Gen., Bismarck, for respondent and appellant; submitted on brief.

VANDE WALLE, Chief Justice.

The Director of the Department of Transportation appealed from a judgment of the district court reversing the Department's decision to suspend Fode's driving privileges. The district court concluded that the gas chromatograph used by the State Toxicologist to measure the blood-alcohol concentration was not properly certified as an approved testing device.

The sole question on appeal is whether or not the gas chromatograph was properly...

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