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KOTEWA v. COMMISSIONER OF PUBLIC SAFETY

No. C2-87-122.

409 N.W.2d 41 (1987)

Russell Bryon KOTEWA, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

July 14, 1987.

Attorney(s) appearing for the Case

Stephen D. Gabrielson, Dougherty, Scott & Gabrielson, Fairmont, for petitioner, respondent.

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

Considered and decided by LANSING, P.J., and HUSPENI and RANDALL, JJ., with oral argument waived.

OPINION

LANSING, Judge.

Respondent Russell Kotewa's driving privileges were revoked for an implied consent violation. He petitioned for judicial review and the trial court rescinded the revocation. The Commissioner of Public Safety appeals, and we reverse.

FACTS

On September 27, 1986, shortly before midnight, Richard D. Bolster, a sergeant in the Fairmount Police Department, received a dispatch that people in a blue car at the drive-up...

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