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LAPP v. DEPARTMENT OF TRANSP.

No. 20010040.

632 N.W.2d 419 (2001)

2001 ND 140

Roger D. LAPP, Petitioner and Appellee, v. North Dakota DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

July 25, 2001.

Attorney(s) appearing for the Case

Reid Alan Brady (argued) and Andrew Moraghan, Assistant Attorneys General, Bismarck, ND, for respondent and appellant.

Chad R. McCabe of Vinje Law Firm, Bismarck, ND, for petitioner and appellee.

NEUMANN, Justice.

[¶ 1] The North Dakota Department of Transportation ("the department") appealed from a district court judgment reversing the administrative hearing officer's decision suspending Roger D. Lapp's driver's license for ninety-one days. We reverse the district court judgment and reinstate the hearing officer's suspension of Lapp's license.

I

[¶ 2] On July 16, 2000, a security guard...

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