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CITY OF SALEM v. NOBLE

No. 112373; CA 15355, No. 112372; CA 15354.

608 P.2d 603 (1980)

45 Or.App. 453

CITY OF SALEM, a Municipal Corporation of the State of Oregon, Appellant, v. Terry Allan NOBLE, Respondent. City of Salem, a Municipal Corporation of the State of Oregon, Appellant, v. Clark Allen Sproule, Respondent.

Court of Appeals of Oregon.

Decided March 24, 1980.

Attorney(s) appearing for the Case

John A. Lien, Asst. City Atty., Salem, filed the brief for appellant. With him on the brief was William J. Juza, City Atty., Salem.

Michael Lee McDonough, Salem, waived appearance for respondent.

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

Submitted on Record and Appellant's Brief January 23, 1980.

JOSEPH, Presiding Judge.

In a consolidated de novo appeal to the circuit court from two municipal court convictions1 for driving under the influence of intoxicants in violation of ORS 487.540, defendants moved to suppress breathalyzer test results on the grounds that: (1) the machine used for the tests was not properly approved by the Oregon State Health Division...

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