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MESSER v. KING

No. 67099.

698 S.W.2d 324 (1985)

Dean Ross MESSER and Richard Lee Brookhart, Respondents, v. Richard A. KING, Director, Department of Revenue, State of Missouri, Appellant.

Supreme Court of Missouri, En Banc.

October 16, 1985.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Richard L. Wieler, Asst. Atty. Gen., Ninion S. Riley, Sharon M. Busch, Mo. Dept. of Rev., Jefferson City, for appellant.

Lawrence O. Willbrand, St. Louis, for respondents.

BLACKMAR, Judge.

This case involves the construction of § 302.060(10), RSMo Cum.Supp.1984 reading in pertinent part as follows:

The director shall not issue any license hereunder: * * * * * * (10) To any person whose application shows that he was, within five years prior to such application, convicted for the second time of violating the laws of this state relating to driving while intoxicated...

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