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SPREADBURY v. STATE, DEPT. OF PUB. SAFETY

No. 99 CA 0233.

745 So.2d 1204 (1999)

Paul A. SPREADBURY v. STATE of Louisiana, DEPARTMENT OF PUBLIC SAFETY and Division of Administrative Law.

Court of Appeal of Louisiana, First Circuit.

November 5, 1999.

Attorney(s) appearing for the Case

Glynn J. Delatte, Jr., Baton Rouge, LA, for plaintiff/appellee, Paul A. Spreadbury.

Michael C. Barron, Baton Rouge, LA, for defendant/appellant, Department of Public Safety.

Ann Wise, Baton Rouge, LA, for defendant/appellant, Division of Administrative Law.

BEFORE: LeBLANC, FOIL and WHIPPLE, JJ.

WHIPPLE, J.

This appeal challenges the action of the trial court in recalling the suspension of plaintiffs driver's license by defendant, the Department of Public Safety and Corrections (DPSC). In recalling the suspension, the trial court concluded that the administrative record alone, which included an affidavit of the arresting officer, but not his live testimony, was insufficient to support an order by the DPSC to...

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