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KAUFFMAN v. MOTOR VEHICLES DIV., DEPT. OF TRANSP.

500 P.2d 473 (1972)

Jack Veo KAUFFMAN, Respondent, v. MOTOR VEHICLES DIVISION, Department of Transportation, State of Oregon, Appellant.

Court of Appeals of Oregon, Department 2.

Decided August 25, 1972.

Attorney(s) appearing for the Case

Walter L. Barrie, Asst. Atty Gen. Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Keith E. Tichenor, Portland, argued the cause for respondent. With him on the brief were Pozzi, Wilson & Atchison, Portland.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

FORT, Judge.

The Motor Vehicles Division suspended petitioner's operator's license for refusal to submit to a chemical test of his breath. ORS 483.634. Petitioner appealed. ORS 482.560. From a judgment in favor of petitioner, following a jury verdict in his favor, the Motor Vehicles Division has appealed, assigning as error that the trial court erred in not finding as a matter of law that petitioner refused to take the breath test and thereby granting the Motor Vehicles...

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