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STATE DEPARTMENT OF HIGHWAYS v. McWHITE

No. 41979.

176 N.W.2d 285 (1970)

STATE of Minnesota, DEPARTMENT OF HIGHWAYS, Petitioner, Appellant, v. Arthur Wallace McWHITE, Respondent.

Supreme Court of Minnesota.

April 3, 1970.

Attorney(s) appearing for the Case

Douglas M. Head, Atty. Gen., Richard H. Kyle, Sol. Gen., James M. Kelley, and Michael Schwab, Sp. Asst. Attys. Gen., St. Paul, for appellant.

Robins, Meshbesher, Singer & Spence, and Morley Friedman, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

FRANK T. GALLAGHER, Justice.

Appeal from an order of the district court reversing an order of the municipal court which had sustained the revocation of respondent's driver's license by the commissioner of highways.

On March 29, 1968, at 2:50 a. m., respondent, Arthur W. McWhite, was arrested by an officer of the Bloomington Police Department for operating a motor vehicle while under the influence...

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