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POLLARD v. DAVID

No. 52612.

421 S.W.2d 296 (1967)

Virgil Millard POLLARD, Plaintiff-Appellant, v. Thomas A. DAVID, Director, Department of Revenue, Dale Belsche, and Carl Kistler, Defendants-Respondents.

Supreme Court of Missouri, Division No. 2.

December 11, 1967.

Attorney(s) appearing for the Case

James J. Wheeler, Keytesville, for plaintiff-appellant.

Norman H. Anderson, Atty. Gen., John H. Denman, Asst. Atty. Gen., Jefferson City, for respondent.

BARRETT, Commissioner.

On September 3, 1966, the appellant Pollard refused to take a "chemical test of his breath" (RSMo Supp.1959, § 564.441, V.A.M.S.) and, effective October 9, 1966, the Department of Revenue, pursuant to § 564.444, RSMo Supp.1959, V.A.M.S., revoked his driver's license for the period of one year. Five days after the revocation Pollard instituted this action in two counts for "hearing on revocation of driver's license and for restraining...

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