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MATTER OF McKILLOP

No. 12397.

273 N.W.2d 126 (1978)

In the Matter of the Revocation of the Driver's License of Donald McKILLOP.

Supreme Court of South Dakota.

Decided December 28, 1978.

Attorney(s) appearing for the Case

Judy A. Atkinson, Asst. Atty. Gen., Pierre, for appellant State of South Dakota, Dept. of Public Safety; William J. Janklow, Atty. Gen., Pierre, on the brief.

Patrick J. Kirby, Mitchell, for respondent Donald McKillop.

Submitted on Briefs.

PER CURIAM.

This case involves the revocation of the driver's license of Donald McKillop by the Department of Public Safety (department) after an administrative hearing before a department examiner regarding McKillop's refusal to submit to a chemical breath test. McKillop petitioned the circuit court for a trial de novo pursuant to SDCL 32-23-12 and the circuit court reversed the order of the department which revoked McKillop's

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