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ROWAN v. DIRECTOR OF REVENUE

No. WD 47637.

870 S.W.2d 261 (1994)

Richard Randall ROWAN, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

Missouri Court of Appeals, Western District.

February 15, 1994.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Sp. Asst. Atty. Gen., Mo. Dept. of Revenue, Jefferson City, for appellant.

Larry M. Welch, Welch & Starke, Blue Springs, for respondent.

Before BERREY, C.J., and BRECKENRIDGE and SMART, JJ.

PER CURIAM.

This appeal involves judicial review of the revocation of Richard Randall Rowan's driving privileges for refusing breathalyzer testing under § 577.041, RSMo Supp.1992. After a hearing, the trial judge ordered reinstatement of Rowan's driving privileges. The Director of Revenue appeals. Rowan seeks dismissal of the appeal, claiming untimely filing of the notice of appeal.

We deny Rowan's motion to dismiss the appeal. We reverse the trial judge...

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