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WULFKUHLE v. KANSAS DEPT. OF REVENUE

No. 55,348

234 Kan. 241 (1983)

671 P.2d 547

STEVEN C. WULFKUHLE, Appellant, v. STATE OF KANSAS DEPARTMENT OF REVENUE, JOHN W. SMITH, Driver Control Bureau Chief, Appellee.

Supreme Court of Kansas.

Opinion filed October 21, 1983.

Attorney(s) appearing for the Case

Steven R. Wiechman, of Topeka, argued the cause and was on the brief for the appellant.

David Prager, III, of Kansas Department of Revenue, argued the cause, and Alan F. Alderson, general counsel, and Steven C. Montgomery, of Kansas Department of Revenue, were on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an appeal from a judgment of the Shawnee County District Court upholding the refusal of the State of Kansas Department of Revenue (defendant-appellee) to issue subpoenas to compel the arresting officer and a notary public to appear at a driver's license suspension hearing to verify that a chemical test refusal report was sworn to as required by K.S.A. 1981 Supp. 8-1001. The appellant contends...

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