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ELLENBURG v. MONTANA DEPT. OF JUSTICE

No. 96-158.

929 P.2d 861 (1996)

Michael Adair ELLENBURG, Petitioner and Appellant, v. MONTANA DEPARTMENT OF JUSTICE, Respondent and Respondent.

Supreme Court of Montana.

Decided December 17, 1996.

Attorney(s) appearing for the Case

Terry G. Sehestedt, Missoula, for petitioner and appellant.

Joseph P. Mazurek, Attorney General; Michael Wellenstein, Assistant Attorney General, Helena, Gary L. Henricks, Deputy City Attorney, Missoula, for respondent and respondent.

TURNAGE, Chief Justice.

Michael Ellenburg appeals the decision of the Fourth Judicial District Court, Missoula County, upholding the revocation of his Montana driver's license pursuant to § 61-8-402, MCA. We affirm.

The sole issue presented on appeal is whether the District Court erred in finding that Ellenburg refused to take a breathalizer test following his arrest for driving under the influence of alcohol.

On December 30, 1995, Ellenburg was...

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