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HOPPE v. IOWA DEPARTMENT OF TRANSPORTATION

No. 85-1682.

402 N.W.2d 392 (1987)

Immanuel Michael HOPPE, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Appellant.

Supreme Court of Iowa.

Rehearing Denied April 9, 1987.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Robert P. Ewald, Asst. Atty. Gen., for appellant.

Kathryn Egenberger, Coralville, for appellee.

Considered by REYNOLDSON, C.J., and LARSON, SCHULTZ, CARTER, and WOLLE, JJ.

CARTER, Justice.

Defendant agency has appealed from the district court's reversal of its action revoking appellee's driver's license for refusal to submit to a chemical test as required by Iowa Code sections 321B.4 and 321B.13 (1985). The district court's decision was affirmed by a two-to-one vote of the court of appeals. We granted further review. The agency claims that the district court and court of appeals erred in concluding that the finding of its hearing officer...

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