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PAVEK v. MOORE

Civil No. 960381.

562 N.W.2d 574 (1997)

1997 ND 77

Robert Alan PAVEK, Jr., Plaintiff and Appellee v. Marshall MOORE, Director, North Dakota Department of Transportation, Defendant and Appellant.

Supreme Court of North Dakota.

Petition for Rehearing Denied May 13, 1997.

Attorney(s) appearing for the Case

Thomas K. Schoppert, Schoppert Law Firm, Minot, for plaintiff and appellee.

Candace A. Prigge, Assistant Attorney General, Attorney General's Office, Bismarck, for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Marshall Moore, the Commissioner of the North Dakota Department of Transportation (the Department), appealed from the district court's judgment reversing a Department hearing officer's decision to suspend Robert Pavek's commercial driving privileges. The district court reversed because the Department had not properly established that Pavek was the driver, or if he was the driver, the time in which Pavek operated a motor vehicle...

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