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McCANN v. COMMISSIONER OF PUBLIC SAFETY

No. C2-84-1286.

361 N.W.2d 169 (1985)

James Irvine McCANN, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

January 22, 1985.

Attorney(s) appearing for the Case

James Irvine McCann, Minneapolis, respondent, pro se.

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 RANDALL and CRIPPEN, JJ., with oral argument waived.

OPINION

CRIPPEN, Judge.

The Commissioner of Public Safety appeals from an order of the trial court rescinding the revocation of respondent James Irvine McCann's driver's license. McCann's license had been revoked for refusing to consent to a chemical test of his breath after he was arrested for D.W.I. The trial court rescinded the revocation of respondent's driver's license on the theory that the police...

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