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  5. 572 N.W.2d 311 (1997)
 

GARCIA v. COMMISSIONER OF PUBLIC SAFETY

No. C5-97-1380.

572 N.W.2d 311 (1997)

Albert Arnold GARCIA, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

December 4, 1997.

Attorney(s) appearing for the Case

Jeffrey B. Ring, St. Louis Park, for respondent.

Hubert H. Humphrey III, Attorney General, Joel A. Watne, Assistant Attorney General, St. Paul, for appellant.

Considered at Special Term and decided by HUSPENI, P.J., and KLAPHAKE and HARTEN, JJ.

SPECIAL TERM OPINION

HUSPENI, Judge.

FACTS

The Commissioner of Public Safety appeals an order filed June 13, 1997, rescinding the revocation of the driver's license of respondent Albert A. Garcia. The appeal was served and filed by mail on July 29, 1997. Respondent moves to dismiss the appeal as untimely on the ground that he served a notice of filing of the June 13, 1997, order by mail on June 25, 1997. Appellant opposes the motion. Respondent...

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