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  5. 662 N.W.2d 288 (2003)
 

STATE v. I-90 TRUCK HAVEN SERVICES, INC.

Nos. 22215, 22228.

662 N.W.2d 288 (2003)

2003 SD 51

STATE of South Dakota, Plaintiff and Appellant, v. I-90 TRUCK HAVEN SERVICE, INC., Licensee, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned November 20, 2002.

Decided May 7, 2003.

Attorney(s) appearing for the Case

David R. Nelson, Minnehaha County State's Attorney, Colleen Moran, Deputy Minnehaha County State's Attorney, Sioux Falls, for plaintiff and appellant.

Mark E. Salter, Michael D. Bornitz of Cutler & Donahoe, LLP, Sioux Falls, for defendant and appellee.

GILBERTSON, Chief Justice (on reassignment).

[¶ 1.] An employee of I-90 Truck Haven Services, Inc. (Truck Haven), pled guilty to selling alcohol to a minor. Several months later, the State requested that the magistrate court impose an administrative sanction or fine on Truck Haven. Truck Haven filed a motion to dismiss. Although the magistrate court refused to dismiss the case against Truck Haven, the circuit court later reversed the magistrate court's order...

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