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CROSBY v. DIRECTOR OF REVENUE

No. 73388.

971 S.W.2d 365 (1998)

David L. CROSBY, Appellant, v. DIRECTOR OF REVENUE, Respondent.

Missouri Court of Appeals, Eastern District, Division Five.

July 21, 1998.

Attorney(s) appearing for the Case

Frank J. Niesen, Jr, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Nadia Termanini, Asst. Atty. Gen., Jefferson City, for respondent.

Before ROBERT R. DOWD, Jr., C.J., and PUDLOWSKI and KAROHL, JJ.

ORDER

PER CURIAM.

Licensee appeals judgment after a trial de novo of a driver's license administrative suspension for operating a motor vehicle with a.10% or greater blood alcohol content. The sole issue is whether Director of Revenue offered evidence to support a finding the testing officer was a type III permit holder as required by department of health regulations and Sellenriek v. Director of Revenue, 826 S.W.2d 338

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