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FALAAS v. COMMISSIONER OF PUBLIC SAFETY

No. C6-85-2046.

388 N.W.2d 40 (1986)

Donald D. FALAAS, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

June 3, 1986.

Attorney(s) appearing for the Case

David DeSmidt, Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Jeffrey S. Bilcik, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Considered and decided by POPOVICH, C.J., and NIERENGARTEN and RANDALL, JJ., with oral argument waived.

OPINION

RANDALL, Judge.

Respondent's driving privileges were revoked pursuant to the implied consent law, and he petitioned to the trial court for judicial review. The trial court rescinded the revocation and the Commissioner of Public Safety appealed. Respondent did not submit a brief, and this matter is proceeding under Minn.R.Civ.App.P. 142.03. We reverse.

FACTS

Officer Jessie Morse was on duty the evening of May 27, 1985, monitoring...

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