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HERREID v. COMMISSIONER OF PUBLIC SAFETY

No. C5-84-763.

355 N.W.2d 321 (1984)

Susan Joan HERREID, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

October 2, 1984.

Attorney(s) appearing for the Case

Gordon G. Mohr, Minneapolis, for respondent.

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

Considered and decided by POPOVICH, C.J., and FOLEY and WOZNIAK, JJ., with oral argument waived.

OPINION

FOLEY, Judge.

The Commissioner of Public Safety appeals the rescission of revocation of respondent's driving privileges. Respondent's driving privileges were rescinded pursuant to Minn.Stat. § 169.123 (1982), the implied consent statute. The respondent does not contest the appeal. We reverse.

FACTS

On February 3, 1984, respondent received a notice and order of revocation of driving...

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