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MELBY v. COMMISSIONER OF PUBLIC SAFETY

No. C1-84-601.

354 N.W.2d 902 (1984)

Eric David MELBY, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

September 25, 1984.

Attorney(s) appearing for the Case

H. Richard Hopper, O'Connell & Hopper, Hastings, 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 HUSPENI, P.J., and NIERENGARTEN and RANDALL, JJ., with oral argument waived.

OPINION

RANDALL, Judge.

Eric David Melby was arrested on a charge of violating Minn.Stat. § 169.121 (1982), the DWI statute, and, after a breath test disclosed an alcohol concentration of .11, his driver's license was revoked under authority of Minn.Stat. § 169.123 (1982), the implied consent statute. Upon his petition for judicial review of his license revocation, the revocation was rescinded, and the Commissioner of Public Safety appealed. We...

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