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BLEGEN v. MOTOR VEHICLES DIVISION

No. 108830; CA 14374.

608 P.2d 565 (1980)

45 Or.App. 259

In the matter of the Refusal to Submit to a Breath Test by Robert Louis BLEGEN, Respondent, v. MOTOR VEHICLES DIVISION, State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided March 17, 1980.

Attorney(s) appearing for the Case

Mary J. Deits, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Orlin Anson, Salem, argued the cause for respondent. On the brief was Albert C. Depenbrock, Salem.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, C.J.

JOSEPH, Presiding Judge.

In an appeal pursuant to ORS 482.5601 the trial court entered the order shown in the margin.2 No judgment was entered. The state filed an appeal from the order in this court. Although the order was in all respects wrong, it was not appealable. ORS 19.010; see City of Hermiston v. ERB, 280 Or. 291,

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