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GIBB v. DORIUS

No. 13626.

533 P.2d 299 (1975)

Kenneth W. GIBB, Plaintiff and Respondent, v. Earl N. DORIUS, Director, Driver License Division, State of Utah, Defendant and Appellant.

Supreme Court of Utah.

March 14, 1975.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., M. Reid Russell, Bernard M. Tanner, Asst. Attys. Gen., Salt Lake City, for defendant and appellant.

William K. Reagan, Salt Lake City, for plaintiff and respondent.

MAUGHAN, Justice:

Here on appeal is a matter having its genesis in the arrest of plaintiff on a charge of driving under the influence of alcohol. The upshot of an alleged refusal of plaintiff to submit to a blood test was an appeal to the district court, from the decision of the trial examiner, revoking plaintiff's driver's license.

Upon the appeal of the trial examiner's ruling, the trial court found that the State had not provided a "duly authorized laboratory...

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