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WILDE v. THIRD CIRCUIT COURT OF STATE OF UTAH

No. 17563.

655 P.2d 674 (1982)

Richard A. WILDE, Plaintiff and Appellant, v. THIRD CIRCUIT COURT OF the STATE OF UTAH, Morgan Department; Honorable Stanton M. Taylor, a Judge of the Third Circuit Court; and Philip C. Patterson, Morgan County Attorney, Defendants and Respondents.

Supreme Court of Utah.

September 23, 1982.

Attorney(s) appearing for the Case

Gerald G. Gundry, Warren M. Weggeland, Salt Lake City, for plaintiff and appellant.

Philip C. Patterson, Ogden, for defendants and respondents.

PER CURIAM:

The plaintiff and appellant here filed a "Complaint for Extraordinary Writ" in the district court, Morgan County, to require the circuit court permanently to stay an action pending in that court charging Wilde with violation of U.C.A., 1953, § 41-6-44 (driving under the influence), on the grounds that a motion to dismiss made by Wilde in the circuit court was erroneously denied. The motion claimed the results of a breathalyzer test would be inadmissible...

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