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Luebke v. North Dakota Department of Transportation6/5/1998
r an independent test. There is no evidence Luebke was aware of the Sheriff's department's arrangements for its tests. There is no evidence the Sheriff's department's arrangements for its tests would have applied to Luebke. And even if there was, there is no evidence either Luebke or relevant law enforcement were aware of it. When there is no evidence, there is no need to remand for further findings. See In re Annexation of Part of Donnybrook Pub. Sch. Dist. No. 24, 365 N.W.2d 514, 524 (N.D. 1985).
[ ] I therefore Dissent.
[ ] Dale V. Sandstrom
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