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THOMAS v. DIRECTOR OF REVENUE

No. WD 47942.

875 S.W.2d 582 (1994)

Layne THOMAS, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

Missouri Court of Appeals, Western District.

May 3, 1994.

Attorney(s) appearing for the Case

Peter Joseph Dunne, St. Louis, James D. Berrey, Kansas City, for appellant.

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

Before TURNAGE, C.J., P.J., and FENNER and SPINDEN, JJ.

PER CURIAM.

The Director of Revenue (Director) appeals an order reinstating the driver's license of Layne Thomas following a trial de novo under the administrative suspension and revocation provisions of sections 302.500-.540, RSMo 1986 (repealed). On appeal, the Director claims error in excluding a maintenance report on the breathalyzer machine used for testing Mr. Thomas. At issue is whether that maintenance report was admissible as a business record.

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