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MERRITT v. COM'R OF PUBLIC SAFETY

No. C3-87-1795.

424 N.W.2d 298 (1988)

Jeffry Scott MERRITT, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Supreme Court of Minnesota.

June 10, 1988.

Attorney(s) appearing for the Case

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

Michael J. Tello, Anoka, for respondent.

Considered and decided by the court en banc without oral argument.

AMDAHL, Chief Justice.

The issue on this appeal is whether the district court erred in rescinding the Commissioner of Public Safety's revocation of the driver's license of Jeffry Scott Merritt, who failed a breath test administered pursuant to the implied consent law. The district court based the rescission on the commissioner's failure to comply with the driver's request for pretrial production of documents. The court of appeals affirmed the rescission in an unpublished...

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