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STATE, DEPARTMENT OF HIGHWAYS v. BECKEY

No. 42913.

192 N.W.2d 441 (1971)

STATE of Minnesota, DEPARTMENT OF HIGHWAYS, Appellant, v. William George BECKEY, Respondent.

Supreme Court of Minnesota.

December 3, 1971.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., James M. Kelley, Asst. Atty. Gen., Thomas G. Lockhart, Spec. Asst. Atty. Gen., St. Paul, for appellant.

Mandel & Stiegler, Minneapolis, for respondent.

Heard before KNUTSON, C.J., and ROGOSHESKE, PETERSON and KELLY, JJ.

OPINION

ROGOSHESKE, Justice.

The state appeals from an order of the Hennepin County Municipal Court rescinding an order of the commissioner of highways which administratively directed the revocation of respondent's driver's license pursuant to our implied-consent statute, Minn.St.1969, § 169.123, upon respondent's alleged refusal to permit a chemical blood alcohol test. As authorized by the statutory scheme, the court's order followed a judicial hearing...

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