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CARPENTER v. VERMONT DEPT. OF MOTOR VEHICLES

No. 82-342.

465 A.2d 1379 (1983)

Paul W. CARPENTER v. VERMONT DEPARTMENT OF MOTOR VEHICLES, William H. Conway, Commissioner.

Supreme Court of Vermont.

September 6, 1983.

Attorney(s) appearing for the Case

Blais & Cain, Burlington, for plaintiff-appellant.

John J. Easton, Jr., Atty. Gen., and Robert C. Schwartz and Andrew M. Eschen, Asst. Attys. Gen., Montpelier, for defendants-appellees.

Before BILLINGS, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ.

HILL, Justice.

Pursuant to 23 V.S.A. § 1205(f), the commissioner of motor vehicles (commissioner) revoked plaintiff's operator's license for a six-year period, as a result of three alleged "refusals" to submit to breath tests. Following the receipt of the revocation notice, plaintiff instituted this action in superior court to challenge the revocation. V.R.C.P. 75. There being no dispute as to the facts, both the commissioner and plaintiff moved for summary judgment...

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