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BLAISDELL v. MVD

Nos. 94C-12400; CA A86475.

929 P.2d 1073 (1996)

145 Or. App. 468

Lance A. BLAISDELL, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted September 11, 1996.

Decided December 24, 1996.

Attorney(s) appearing for the Case

Stephen L. Madkour, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

No appearance by respondent.

Resubmitted in Banc September 11, 1996.

ARMSTRONG, Judge.

The Motor Vehicles Division (MVD) appeals a circuit court judgment that vacated its order suspending petitioner's driver's license. We review to determine whether MVD erred as a matter of law in concluding that the arresting officer was prevented from attending a scheduled suspension hearing because of an "official duty conflict." See ORS 813.450. We conclude that MVD did err and affirm the circuit...

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