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KRAUSE v. COMMISSIONER OF PUBLIC SAFETY

No. C3-84-809.

358 N.W.2d 481 (1984)

Carl James KRAUSE, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

December 4, 1984.

Attorney(s) appearing for the Case

Daniel J. Moulton, Rochester, for appellant.

Hubert H. Humphrey, III, State Atty. Gen., James B. Early, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered and decided by FOLEY, P.J., and WOZNIAK and NIERENGARTEN, JJ.

OPINION

FOLEY, Judge.

Carl James Krause appeals an order of the district court sustaining the revocation of his driver's license pursuant to Minn. Stat. § 169.123 (Supp.1983), the implied consent law. We reverse and remand.

FACTS

On February 25, 1984 at approximately 12:45 a.m., the police chief of Oronoco stopped to check a municipal liquor store as part of his normal patrol. The bartender and the waitress told the police chief that...

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