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MARBUT v. MOTOR VEHICLE DEPARTMENT

No. 44,004

194 Kan. 620 (1965)

400 P.2d 982

LUTHER T. MARBUT, Appellee, v. MOTOR VEHICLE DEPARTMENT OF THE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed April 10, 1965.

Attorney(s) appearing for the Case

William L. Stevenson, of Topeka, Attorney for the Motor Vehicle Department, argued the cause, and Robert C. Londerholm, Attorney General, was with him on the briefs for the appellant.

John Graue, of Greensburg, argued the cause for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This is an appeal from a judgment of the district court of Kiowa County directing the restoration of a driver's license which had been suspended for refusal to take a blood alcohol test as provided by G.S. 1961 Supp., 8-1001, now K.S.A. 8-1001.

The facts material to the determination of the question raised, which are not in dispute, may be briefly stated.

On December 23, 1962, the plaintiff...

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