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BERENDES v. COMMISSIONER OF PUBLIC SAFETY

No. C5-85-1437.

382 N.W.2d 888 (1986)

Lamont Francis BERENDES, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

March 4, 1986.

Attorney(s) appearing for the Case

Edward W. Simonet, III, Stillwater, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Beverly Conerton, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Heard, considered, and decided by POPOVICH, C.J., and WOZNIAK and SEDGWICK, JJ.

OPINION

WOZNIAK, Judge.

Respondent Lamont Berendes' driver's license was revoked by the Commissioner of Public Safety pursuant to the implied consent law. He petitioned for judicial review, and the trial court rescinded the revocation because it found that the Commissioner failed to establish a sufficient chain of custody for the blood sample. The Commissioner of Public Safety appeals. Respondent did not file a brief and we proceed pursuant to Rule 142.03...

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