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DUING v. DIRECTOR OF REVENUE, STATE OF MO.

No. ED 78408.

59 S.W.3d 537 (2001)

Stanley H. DUING, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Eastern District, Harris Stowe Docket.

October 30, 2001.

Attorney(s) appearing for the Case

Harry D. Bozoian, Jefferson City, MO, for Appellant.

Michael D. Lowry, Hillsboro and Jefferson City, MO, David R. Crosby, Arnold, MO, for Respondent.

GEORGE W. DRAPER III, Judge.

The Director of Revenue (hereinafter, "Director") appeals from the trial court's judgment setting aside the suspension of Stanley H. Duing's driving privileges (hereinafter, "Driver") for driving while intoxicated. Director's sole point on appeal claims the trial court erred in reinstating Driver's license because Director established a prima facie case for suspension, and Driver failed to rebut the prima facie case. We remand.

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