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LUND v. KANSAS DEPT. OF REVENUE

No. 65,550

16 Kan. App. 2d 265 (1991)

824 P.2d 211

RAYMOND B. LUND, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Kansas.

Opinion filed August 2, 1991.

Attorney(s) appearing for the Case

J.D. Befort, legal intern, and Brian Cox, of legal services bureau, for the appellant.

No appearance for appellee.

Before BRISCOE, C.J., BRAZIL, J., and DAVID S. KNUDSON, District Judge, assigned.

KNUDSON, J.:

The Kansas Department of Revenue (KDR) appeals the decision of the district court setting aside the agency's order suspending Raymond B. Lund's driving privileges. The central issue on appeal is whether Lund refused to take a blood test. We reverse and remand with directions to reinstate the agency's order.

The underlying facts are not in dispute. On March 11, 1989, Lund was arrested for driving while under the influence, in violation of K.S.A...

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