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

550 P.2d 477 (1976)

In the matter of the Refusal to Submit to a Breath Test by Norman Ellwood VAUGHN, Respondent, v. MOTOR VEHICLES DIVISION, Department of Transportation of the State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided June 1, 1976.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Kenneth E. Shetterly, Dallas, argued the cause and filed the brief for respondent.

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

LANGTRY, Judge.

The Motor Vehicles Division (Division) has appealed from a circuit court order overruling Division's demurrer to a petition challenging its revocation of a driver's license and a subsequent order setting aside an order of suspension of a driver's license.

The petition alleged that the order of suspension of the petitioner's driver's license was erroneous because the police officer's report upon which it was based "does not comply with the provisions...

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