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FEIL v. COMMISSIONER OF PUBLIC SAFETY

No. C3-85-1632.

383 N.W.2d 420 (1986)

Ernest Edward FEIL, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

March 18, 1986.

Attorney(s) appearing for the Case

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

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

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

OPINION

SEDGWICK, Judge.

Respondent's driver's license was revoked when his Intoxilyzer 5000 test disclosed an alcohol concentration of .12. Respondent petitioned for judicial review. The trial court rescinded the revocation, finding that the Commissioner did not make a prima facie showing that the test was reliable. The Commissioner of Public Safety appeals. Respondent did not file a brief. We determine the case pursuant to Minn.R.Civ.App.P. 142.03. We...

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