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STATE, DEPT. OF TRANSP. v. ROBBINS

No. S-10-0048.

246 P.3d 864 (2011)

2011 WY 23

STATE of Wyoming, DEPARTMENT OF TRANSPORTATION, Appellant (Defendant), v. James T. ROBBINS, Appellee (Complainant).

Supreme Court of Wyoming.

February 10, 2011.

Attorney(s) appearing for the Case

Representing Appellant: Bruce A. Salzburg , Wyoming Attorney General; Robin Sessions Cooley , Deputy Attorney General; Douglas J. Moench , Senior Assistant Attorney General; Michael T. Kahler . Argument by Mr. Kahler.

Representing Appellee: Mike Cornia , Evanston, Wyoming.

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

HILL, Justice.

[¶ ] The State of Wyoming challenges the district court's finding that the standard of clear and convincing evidence was required to uphold a commercial driver's license disqualification, rather than a standard of preponderance of the evidence. Also, the State challenges the lower court's finding that James Robbins' constitutional right to due process was violated. We reverse.

ISSUE

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