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CALLENDAR v. DIRECTOR OF REVENUE

No. WD 58353.

44 S.W.3d 866 (2001)

Tammy Jean CALLENDAR, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 1, 2001.

Application for Transfer Denied June 26, 2001.

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 appellants.

David E. Pettyjohn, Kansas City, for respondent.

Before SMART, Presiding Judge, ELLIS and LAURA DENVIR STITH, Judges.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 1, 2001.

ELLIS, Judge.

The Director of Revenue for the State of Missouri appeals from a judgment entered in the Circuit Court of Platte County, Missouri, setting aside the suspension of Respondent Tammy Jean Callender's driver's license.

On October 2, 1999, at approximately 11:30 a.m., Officer Donald Dawson of the Riverside Police Department was traveling westbound on Vivion Road when...

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