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MARVIN v. DEPARTMENT OF MOTOR VEHICLES

Docket No. A019663.

161 Cal.App.3d 717 (1984)

207 Cal. Rptr. 793

JEANETTE INGBORG MARVIN, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

November 9, 1984.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Harold W. Teasdale and Gordon Zane, Deputy Attorneys General, for Defendant and Appellant.

Gerald M. Schneider and Robert L. Denebeim for Plaintiff and Respondent.

OPINION

ELKINGTON, J.

The Department of Motor Vehicles (Department) appeals from a judgment of the superior court, mandating the Department not to suspend the driver's license of plaintiff Marvin, because of her refusal to submit to a chemical test for alcohol blood content, as required in a proper case by Vehicle Code section 13353.

(1a) The appeal's single issue is whether the superior court, exercising...

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