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DEPT. OF TRANSP. v. LYON CO. DIST. COURT

No. 95-1412.

546 N.W.2d 620 (1996)

IOWA DEPARTMENT OF TRANSPORTATION, Plaintiff, v. IOWA DISTRICT COURT FOR LYON COUNTY, Defendant.

Supreme Court of Iowa.

April 17, 1996.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, David A. Ferree, Special Assistant Attorney General, and Carolyn J. Olson, Assistant Attorney General, for plaintiff.

Randy J. Waagmeester, Rock Rapids, for defendant.

Considered by CARTER, P.J., and LAVORATO, NEUMAN, ANDREASEN, and TERNUS, JJ.

PER CURIAM.

The plaintiff, the Iowa Department of Transportation, has filed a petition for writ of certiorari challenging the district court's orders permitting the early restoration of driving privileges pursuant to Iowa Code section 321J.4(3)(b) (1995). The department claims that the district court lacked authority to order such a restoration where the licensee had refused chemical testing under Iowa Code chapter 321J...

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