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KRABSETH v. MOORE

Civil No. 970226.

571 N.W.2d 146 (1997)

1997 ND 224

John H. KRABSETH, Petitioner and Appellee, v. Marshall MOORE, Director, North Dakota Department of Transportation, Respondent and Appellant.

Supreme Court of North Dakota.

December 2, 1997.

Attorney(s) appearing for the Case

Lawrence E. King, of Zuger Kirmis & Smith, Bismarck, for petitioner and appellee.

Andrew Moraghan, Assistant Attorney General, Attorney General's Office, Bismarck, for respondent and appellant.

MARING, Justice.

[¶ 1] The North Dakota Department of Transportation appealed from a district court writ of mandamus directing the Department to suspend John H. Krabseth's driving privileges for 91 days in lieu of a one-year revocation of those privileges. We hold the district court abused its discretion in issuing the writ, and we reverse.

[¶ 2] On October 29, 1996 Highway Patrol Officer Dean Franchuk...

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