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FISK v. DEPARTMENT OF MOTOR VEHICLES

Docket No. 57784.

127 Cal.App.3d 72 (1981)

179 Cal. Rptr. 379

DONALD EDWARD FISK, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

December 23, 1981.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Scott D. Rasmussen and Richard M. Radosh, Deputy Attorneys General, for Defendant and Appellant.

Tumbleson & Lawton and Stephen E. Lawton for Plaintiff and Respondent.

OPINION

POTTER, Acting P.J.

The Department of Motor Vehicles (hereinafter DMV) appeals from a judgment mandating the DMV to set aside its decision suspending Donald Edward Fisk's license pursuant to the implied consent statute (Veh. Code, § 13353).1

Fisk was arrested by Officer Gary Blackmon of the California Highway Patrol on April 28, 1978...

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