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HAWK v. DIRECTOR OF REVENUE, STATE OF MO.

No. 21177.

943 S.W.2d 18 (1997)

Clarence W. HAWK, Petitioner-Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

April 21, 1997.

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.

Douglas W. Hennon, Carson & Coil, P.C., Jefferson City, for respondent.

SHRUM, Judge.

The Director of Revenue ("Director") appeals from the judgment of the trial court reinstating Clarence W. Hawk's driving privileges. Hawk's license had been revoked pursuant to § 577.041 for his alleged refusal to submit to a chemical test to determine his blood alcohol concentration. We affirm the trial court's judgment of reinstatement.1

Director's sole contention on appeal is that "the uncontroverted evidence...

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