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STATE DEPARTMENT OF PUBLIC SAFETY v. ANDERSON

No. 45590.

236 N.W.2d 174 (1975)

STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Gordon Arthur ANDERSON, Respondent.

Supreme Court of Minnesota.

November 28, 1975.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Frederick S. Suhler, Jr., Sp. Asst. Atty. Gen., St. Paul, for appellant.

Robins, Meshbesher, Singer & Spence and Kenneth Meshbesher, Minneapolis, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

This is an appeal from an order of Hennepin County Municipal Court which rescinded an order of the commissioner of public safety revoking defendant's driver's license for refusal to permit chemical testing under Minn.St. 169.123. The trial court rescinded the revocation because it concluded that defendant's refusal to submit to testing was reasonable in that he was merely following the advice of counsel. Subsequent to the filing of the trial court's order...

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