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CARTER v. MOTOR VEHICLES DIVISION, ST. OF OR.

No. 28188; CA A21023.

638 P.2d 1180 (1982)

55 Or.App. 535

In the matter of the Refusal to Take a Breath Test by: Michael Ernest CARTER, Respondent, v. MOTOR VEHICLES DIVISION, State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided January 11, 1982.

Attorney(s) appearing for the Case

William F. Nessley, Jr., Asst. Atty. Gen., argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Terrence B. O'Sullivan, Bend, argued the cause for respondent. With him on the brief was Merrill & O'Sullivan, Bend.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

PER CURIAM.

Affirmed. See State v. Newton, 291 Or. 788, 636 P.2d 393 (1981); Moore v. MVD, 55 Or.App. 510, 638 P.2d 1171 (1981); Bunten v. MVD, 55 Or.App. 515, 639 P.2d 135<...

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