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ANDERSON v. COMMISSIONER OF PUBLIC SAFETY

No. C9-85-1053.

379 N.W.2d 678 (1986)

Robert C. ANDERSON, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

January 14, 1986.

Attorney(s) appearing for the Case

Bernie M. Dusich, Kevin Patrick Carroll, Rosemount, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Joel Watne, Kenneth H. Bayliss, III, Sp. Asst. Attys. Gen., St. Paul, for appellant.

Heard, considered and decided by FOLEY, P.J., and SEDGWICK and LANSING, JJ.

OPINION

SEDGWICK, Judge.

Respondent's driving privileges were revoked for refusal to take a breath test. Respondent petitioned for judicial review, and the trial court found that no refusal had occurred. The Commissioner of Public Safety appeals. We reverse.

FACTS

Deputy Sheriff Jerome Cotton was driving in the City of Rosemount when he came upon a two car accident. He asked the two drivers whether they were injured and how the accident...

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