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McSHANE v. COMMISSIONER OF PUBLIC SAFETY

No. C6-85-1057.

377 N.W.2d 479 (1985)

Patrick William McSHANE, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

Review Denied January 23, 1986.

Attorney(s) appearing for the Case

Samuel A. McCloud, Dean S. Grau, Minneapolis, for appellant.

Hubert H. Humphrey, III, State Atty. Gen., Sherry A. Enzler, Sp. Asst. Atty. Gen., St. Paul, for respondent.

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

OPINION

FOLEY, Judge.

This appeal is from an April 26, 1985 order sustaining the revocation of appellant's driver's license under Minn.Stat. § 169.123 (1984), the implied consent statute. The trial court held that it was without jurisdiction to hear the matter since appellant's petition for judicial review was not filed within the 30-day statutory period set out in Minn.Stat. § 169.123, subd. 5c (1984).

FACTS

Patrick McShane was...

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