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BLUHM v. COMMISSIONER OF PUBLIC SAFETY

No. C8-84-1096.

355 N.W.2d 755 (1984)

Leroy Alan BLUHM, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

October 9, 1984.

Attorney(s) appearing for the Case

Thomas K. Kraus, John H. McLoone, IV, McLoone Law Office, Waseca, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Linda F. Close, Joel A. Watne, Sp. Asst. Attys. Gen., St. Paul, for appellant.

Considered and decided by POPOVICH, C.J., and SEDGWICK, and LANSING, JJ., with oral argument waived.

OPINION

LANSING, Judge.

This is an appeal from an order rescinding the Commissioner of Public Safety's revocation of respondent's driver's license pursuant to Minn.Stat. § 169.123, subd. 4 (1982). Respondent was arrested for driving while under the influence of alcohol, and a subsequent breath test revealed an alcohol concentration of more than .10. Following an implied consent hearing, the trial court rescinded the Commissioner's revocation. We reverse...

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