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MAGUIRE v. FULTON

No. 53967.

179 N.W.2d 508 (1970)

Terry John MAGUIRE, Appellant, v. Jack FULTON, Commissioner of Department of Public Safety and the State of Iowa, Appellees.

Supreme Court of Iowa.

September 2, 1970.

Attorney(s) appearing for the Case

Law Offices of Matt Walsh, by James L. Abshier, Council Bluffs, for appellant.

Richard C. Turner, Atty. Gen., and John E. Beamer, Asst. Atty. Gen., for appellees.

MOORE, Chief Justice.

The facts here are not disputed. Plaintiff was arrested April 30, 1969 and charged with the motor vehicle violation known as drag racing. A justice of the peace found him guilty on May 12 and he immediately appealed to the Pottawattamie County District Court. After receiving certification of the record from the justice of the peace defendant-commissioner, performing what he believed was his mandatory duty under Code section 321.209(8), revoked...

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