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DELONG v. COMMISSIONER OF PUBLIC SAFETY

No. CX-85-2356.

386 N.W.2d 296 (1986)

David Coggeshal DELONG, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

Review Denied June 13, 1986.

Attorney(s) appearing for the Case

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

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

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

OPINION

FORSBERG, Judge.

Respondent was arrested for driving while under the influence. His driving privileges were revoked after a blood test revealed an alcohol concentration of .11, and he petitioned for judicial review. The trial court rescinded the revocation and the Commissioner appeals.

FACTS

On September 10, 1985, at approximately 1:30 a.m., State Trooper Randall Lee Slinger received a radio dispatch that Glenn's Towing Service...

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