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REED v. IOWA DEPT. OF TRANSP.

No. 91-383.

478 N.W.2d 844 (1991)

Steven Glenn REED, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of Iowa.

Reconsideration Denied January 24, 1992.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., David Ferree, Sp. Asst. Atty. Gen., and Robert P. Ewald, Asst. Atty. Gen., for appellant.

Richard A. Bartolomei, Des Moines, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, LAVORATO, and SNELL, JJ.

LAVORATO, Justice.

In this appeal, the Iowa department of transportation challenges the district court's ruling that rescinded revocation of a driver's license. The driver's license was revoked because the driver had allegedly failed a breath test under Iowa Code section 321J.6 (1989) (Iowa's implied consent law). See Iowa Code § 321J.12 (test result revocation).

The district court ordered the department to rescind the revocation on two grounds...

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