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SWANKE v. COMMISSIONER OF PUBLIC SAFETY

No. C0-85-1748.

385 N.W.2d 403 (1986)

Michael L. SWANKE, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

April 22, 1986.

Attorney(s) appearing for the Case

James L. Daniels, Minneapolis, for petitioner, respondent.

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

Considered and decided by POPOVICH, C.J., and LANSING and HUSPENI, JJ., with oral argument waived.

OPINION

HUSPENI, Judge.

The Commissioner of Public Safety appeals from the trial court's order rescinding the revocation of respondent Michael Swanke's driver's license. Swanke did not file a brief in this matter, and therefore we proceed pursuant to Minn.R.Civ.App.P. 142.03. We reverse and remand.

FACTS

On May 4, 1985, at approximately 1:00 a.m., Trooper Floyd Hanson of the Minnesota State Patrol observed Swanke's vehicle weaving onto...

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