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STATE, DEPT. OF TRANSP. v. ROBBINS

No. S-08-0077.

197 P.3d 1243 (2008)

2008 WY 148

STATE of Wyoming, DEPARTMENT OF TRANSPORTATION, Appellant (Respondent), v. James ROBBINS, Appellee (Petitioner).

Supreme Court of Wyoming.

December 15, 2008.

Attorney(s) appearing for the Case

Representing Appellant: Bruce A. Salzburg, Attorney General; Robin Sessions Cooley, Deputy Attorney General; Douglas J. Moench, Senior Assistant Attorney General; Michael Thomas Kahler, Assistant Attorney General.

Representing Appellee: Mike Cornia, Evanston, Wyoming.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

BURKE, Justice.

[¶ 1] James Robbins initiated this declaratory judgment action to challenge the constitutionality of the statutes under which the Wyoming Department of Transportation disqualified him from operating commercial motor vehicles. Rather than deciding the constitutional question, the district court ruled that the Department lacked authority to disqualify Mr. Robbins because he had not been convicted of any crime relating to driving while under the...

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