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JOHNSON v. RAFTEVOLD

Civ. Nos. 920239, 920381.

505 N.W.2d 110 (1993)

Eric Christopher JOHNSON, Petitioner and Appellee, v. Ronald RAFTEVOLD, as Chief of Police for the City of Fargo, Respondent and Appellant, and Centre, Inc., Respondent. Timothy DORNHEIM, Petitioner and Appellee, v. Ronald RAFTEVOLD, as Chief of Police for the City of Fargo, Respondent and Appellant, and Centre, Inc., Respondent.

Supreme Court of North Dakota.

September 8, 1993.

Attorney(s) appearing for the Case

Brian W. Nelson (argued), Nelson Law Office, Fargo, for petitioners and appellees.

Thomas J. Gaughan (argued), Asst. City Atty., Fargo, for respondent and appellant.

LEVINE, Justice.

Ronald Raftevold, as Chief of Police for the City of Fargo, appeals from district court orders granting petitions for writs of habeas corpus by Eric Christopher Johnson and by Timothy Dornheim, two DUI arrestees who refused a blood alcohol test and, under a municipal court policy, were scheduled to be detained for twelve hours. We dismiss the appeals.

Although the parties have not questioned the appealability of the district court's orders...

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