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SVENDGARD v. STATE

No. 50958-6-I.

95 P.3d 364 (2004)

Thomas M. SVENDGARD and Nicole Svendgard, husband and wife, Appellant/Cross-Respondent, v. STATE of Washington; Washington State Department of Licensing; and Ismael Anaya, in his official and individual capacity, Respondents/Cross-Appellants.

Court of Appeals of Washington, Division 1.

July 26, 2004.

Attorney(s) appearing for the Case

Jose F. Vera, Margaret M. Boyle, Seattle, WA, for Appellant.

Gregory Eugene Jackson, Forsberg & Umlauf PS, Catherine Hendricks, John Robert Nicholson, Seattle, WA, for Respondents.

KENNEDY, J.

Shortly after Thomas Svendgard obtained his commercial driver's license by passing the skills test administered by a third party tester who was on contract with the Department of Licensing, he was randomly selected for a retest in a Department program designed to audit third party testers. Department employee Ismael Anaya denied Svendgard's request to postpone the retest due to a back injury. After Svendgard failed to appear for the retest, the Department...

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