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HENRY v. COMMISSIONER OF PUBLIC SAFETY

No. C6-84-996.

357 N.W.2d 121 (1984)

Patrick Owen HENRY, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

October 30, 1984.

Attorney(s) appearing for the Case

Fredrick L. Grunke, St. Cloud, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Linda F. Close, Asst. Atty. Gen., Kathleen L. Winters, Special Asst., St. Paul, for appellant.

Considered and decided by POPOVICH, C.J., HUSPENI, and FORSBERG, JJ., with oral argument waived.

OPINION

HUSPENI, Judge.

The Commissioner of Public Safety appeals from a trial court order rescinding the Commissioner's revocation of respondent Patrick Owen Henry's driver's license. The trial court granted respondent's motion for a directed verdict after concluding that respondent was not lawfully arrested. The Commissioner contends that respondent was lawfully arrested either because (1) the combined perceptions...

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