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DUNCAN v. SAFETY RES. UNIT, DEPT. OF REV.

No. 38407.

550 S.W.2d 619 (1977)

Donald C. DUNCAN, Plaintiff-Appellant, v. SAFETY RESPONSIBILITY UNIT, DEPARTMENT OF REVENUE, State of Missouri, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District, Division One.

April 26, 1977.

Attorney(s) appearing for the Case

Sestric, McGhee & Miller, W. Thomas McGhee, St. Louis, for plaintiff-appellant.

John Ashcroft, Atty. Gen., J. Michael Davis, Asst. Atty. Gen., Jefferson City, Courtney Goodman, Jr., Pros. Atty., Clayton, for defendant-respondent.

PER CURIAM.

This is an appeal by appellant, Donald C. Duncan, from an order, of the Circuit Court of St. Louis County entered on August 4, 1976, denying his petition to set aside a revocation of his driver's license for refusal to submit to a chemical test under § 564.444, RSMo.

The issue presented is a narrow one— what constitutes a "refusal" to submit to a chemical breathalyzer test under § 564...

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