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BITKER v. COMMISSIONER OF PUBLIC SAFETY

No. C2-85-441.

373 N.W.2d 813 (1985)

Jerry Dison BITKER, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

September 3, 1985.

Attorney(s) appearing for the Case

William Kirschner, Kirschner & Baker Legal Clinic, Fargo, N.D., for appellant.

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

Heard, considered and decided by PARKER, P.J., and HUSPENI and FORSBERG, JJ.

OPINION

FORSBERG, Judge.

This is an appeal from an order dismissing a petition for review of a license revocation for untimely filing of the petition. The trial court also made a finding that appellant refused to submit to chemical testing. We affirm.

FACTS

Appellant Jerry Bitker was found asleep in his truck parked along the side of Highway 200 in Halstad on the night of October 27, 1984. The officer, who had been called to the scene,...

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