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CITY OF LODI v. HINE

No. 81-1320.

107 Wis.2d 118 (1982)

318 N.W.2d 383

CITY OF LODI, Plaintiff-Respondent, v. Harold W. HINE, Defendant-Appellant, STATE of Wisconsin, Intervenor.

Supreme Court of Wisconsin.

Decided April 27, 1982.

Attorney(s) appearing for the Case

For the defendant-appellant there was a brief and oral argument by Stephen Charles Solomon of Madison.

For the plaintiff-respondent there was a brief by Michael W. Smith, city attorney, and oral argument by Michael S. Hines, both of Lodi.

For the intervenor the cause was argued by Kirbie Knutson, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

On certification from Court of Appeals.

STEINMETZ, J.

The case comes to this court via certification by the court of appeals.

The issue is whether the court of appeals holding in State v. Booth, 98 Wis.2d 20, 295 N.W.2d 194 (Ct. App. 1980), concerning the admissibility of the results of a breathalyzer examination after the destruction of the test ampoules used, is applicable...

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