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BORCHELT v. DIRECTOR OF REVENUE

No. 17098.

806 S.W.2d 95 (1991)

Donald G. BORCHELT, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Southern District, Division One.

March 25, 1991.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Jatha B. Sadowski, Sp. Asst. Atty. Gen., Jefferson City, for appellant.

No appearance for respondent.

CROW, Judge.

The Director of Revenue ("Director") appeals from a "Summary Judgment" ordering him to reinstate the motor vehicle operator's license of Donald G. Borchelt. The Director had revoked the license per § 577.041.1, RSMo Supp.1987, because Borchelt refused to submit to a chemical test of his breath after being arrested for driving while intoxicated ("DWI"). § 577.010, RSMo 1986.

The circuit court based its judgment on "res judicata." The...

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