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

No. 80-7-131; CA A20656.

638 P.2d 1181 (1982)

55 Or.App. 535

In the matter of the Refusal to Submit to a Breath Test by: John Hiram SCHENK, Respondent, v. MOTOR VEHICLES DIVISION, State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided January 11, 1982.

Attorney(s) appearing for the Case

Rudolph S. Westerband, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Philip P.W. Yates, Oregon City, argued the cause for respondent. With him on the brief was Ronald D. Thom, Oregon City.

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 (decided this date); Bunten v. MVD, 55 Or.App. 515, 639 P.2d 135<...

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