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SALTER v. NORTH DAKOTA DEPT. OF TRANSP.

Civ. No. 930020.

505 N.W.2d 111 (1993)

Mark SALTER, Plaintiff and Appellee, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Defendant and Appellant.

Supreme Court of North Dakota.

September 8, 1993.

Attorney(s) appearing for the Case

William D. Schmidt (argued), Wheeler Wolf, Bismarck, for plaintiff and appellee.

Michele G. Johnson (argued), Asst. Atty. Gen., Atty. General's Office, Bismarck, for defendant and appellant.

NEUMANN, Justice.

The North Dakota Department of Transportation [the Department] appealed from a district court judgment reversing the 91-day suspension of Mark Salter's driving privileges. We affirm the judgment of the district court.

On February 8, 1992, at approximately 3:00 A.M., Officer Donald Polasky of the North Dakota Highway Patrol was driving on a rural road on the outskirts of Bismarck when he met a vehicle driven by Salter traveling in the opposite...

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