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BENNING v. IOWA DEPT. OF TRANSP.

No. 88-18.

441 N.W.2d 372 (1989)

Irvin Frank BENNING, Appellant, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellee.

Supreme Court of Iowa.

Rehearing Denied July 13, 1989.

Attorney(s) appearing for the Case

Joseph G. Bertogli, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., Charles J. Krogmeier, Sp. Asst. Atty. Gen., and Ted Metier, Asst. Atty. Gen., Ames, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, SNELL, and ANDREASEN, JJ.

CARTER, Justice.

Petitioner for judicial review, Irvin Frank Benning, has appealed from an order of the district court upholding the action of the respondent, Iowa Department of Transportation, revoking his privileges to operate a motor vehicle. The agency ordered the revocation pursuant to Iowa Code section 321J.9 (1987) based on a certification that petitioner had refused to take a chemical test in violation of the implied consent statutes. Petitioner requested...

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