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LUTH v. MOTOR VEHICLES DIVISION

E85-1716; CA A37684.

741 P.2d 897 (1987)

87 Or.App. 137

William Charles LUTH, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided September 2, 1987.

Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

John C. Urness, Springfield, argued the cause for respondent. With him on the brief was Thorp, Dennett, Purdy, Golden & Jewett, P.C., Springfield.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Petitioner's driver's license was suspended, because he did not submit to a breath test pursuant to former ORS 482.541 (now ORS 813.410). He requested a hearing, and the Motor Vehicles Division upheld the suspension. The Circuit Court, on review of the hearings officer's decision under former ORS 482.541(6), reversed the suspension. MVD appeals.

The judgment provides, in material part:

"1. The petitioner...

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