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DUNCAN v. KING

No. 14107.

699 S.W.2d 139 (1985)

Bradley R. DUNCAN, Plaintiff-Respondent, v. Richard A. KING, Director of Revenue, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division One.

October 10, 1985.

Attorney(s) appearing for the Case

John A. Clayton, Thomas, Birdsong, Clayton & Haslag, P.C., Rolla, for plaintiff-respondent.

John D. Ashcroft, Atty. Gen., Richard L. Wieler, Asst. Atty. Gen., Ninion S. Riley, Sp. Asst. Atty. Gen., Dept. of Revenue, Jefferson City, William R. Sachs, Asst. Gen. Counsel, Dept. of Revenue, Springfield, for respondent-appellant.

GREENE, Judge.

The Missouri Department of Revenue (department), through its director, appeals the circuit court's reversal of a department order suspending Bradley Duncan's driver's license pursuant to § 302.505.1 The statute provides that the department shall suspend the driver's license of a person upon its determination that such person was arrested upon probable cause to believe he was driving a motor vehicle while the alcohol...

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