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RUDOLPH v. N.D. DEPT. OF TRANSP. DIRECTOR

Civ. No. 950109.

539 N.W.2d 63 (1995)

Donald RUDOLPH, Plaintiff and Appellee, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION DIRECTOR, Defendant and Appellant.

Supreme Court of North Dakota.

October 31, 1995.

Attorney(s) appearing for the Case

Monte L. Rogneby, Assistant Attorney General, Bismarck, for defendant and appellant.

Darold A. Asbridge, Bismarck, for plaintiff and appellee.

SANDSTROM, Justice.

Donald R. Rudolph was arrested for being in actual physical control of a motor vehicle while under the influence of intoxicating liquor, violating N.D.C.C. § 39-08-01. Rudolph's license was suspended following an administrative hearing. Rudolph appealed. The district court reversed, holding the Director of the Department of Transportation lost jurisdiction to suspend Rudolph's license by not providing an appropriate copy of the operational...

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