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JOHNSON v. STATE, DEPT. OF PUBLIC SAFETY

No. C7-83-754.

351 N.W.2d 2 (1984)

Willard Gilbert JOHNSON, Respondent, v. STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, petitioner, Appellant.

Supreme Court of Minnesota.

July 6, 1984.

Attorney(s) appearing for the Case

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

Richard J. Krambeer, Eagan, for respondent.

Considered and decided by the court en banc without oral argument.

AMDAHL, Chief Justice.

This is a discretionary appeal by the Commissioner of Public Safety from an order of a three-judge panel of the Dakota County District Court reversing an order of the county court that sustained the proposed revocation of the driver's license of Willard Gilbert Johnson for violating the implied consent law, Minn.Stat. § 169.123 (1982). We reverse the district court's order.

Between 10 and 10:30 p.m. on July 21, 1981, Scott Morton...

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