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OSTMEYER v. KANSAS DEPT. OF REVENUE

No. 66,194

16 Kan. App. 2d 639 (1992)

827 P.2d 780

KELLI K. OSTMEYER, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Kansas.

Opinion filed March 6, 1992.

Attorney(s) appearing for the Case

Brian Cox, of Kansas Department of Revenue, of Topeka, for the appellant.

Michael S. Holland, of Russell, for the appellee.

Before BRISCOE, C.J., LARSON, J., and DAVID W. KENNEDY, District Judge, assigned.

Petition for review denied 250 Kan. 806 (1992).

BRISCOE, C.J.:

In a driver's license suspension case, the Kansas Department of Revenue appeals from summary judgment entered in favor of Kelli Ostmeyer. The district court entered summary judgment after concluding the officer who administered the breath test failed to comply with K.S.A. 8-1001(f)(1)(I) when he refused to allow Ostmeyer to contact counsel after her completion of the breath test.

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