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PETERSON v. DIR., N.D. DEPT. OF TRANSP.

Civ. No. 950043.

536 N.W.2d 367 (1995)

James Howard PETERSON, Petitioner and Appellee, v. DIRECTOR, NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

August 29, 1995.

Attorney(s) appearing for the Case

No brief filed or appearance made on behalf of James H. Peterson, petitioner and appellee.

Monte L. Rogneby, Asst. Atty. Gen., Bismarck, for respondent and appellant.

VANDE WALLE, Chief Justice.

The North Dakota Department of Transportation [the Department] appealed a judgment of the district court, South Central Judicial District, reversing the Department's ninety-one-day suspension of James Howard Peterson's driver's license. Because we disagree with the district court's conclusion that the Department hearing officer performed investigatory functions in violation of section 28-32-12.2, N.D.C.C., we reverse its decision and reinstate...

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