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MORRISSEY v. DEPARTMENT OF MOTOR VEHICLES

No. S-01-268.

647 N.W.2d 644 (2002)

264 Neb. 456

Michael C. MORRISSEY, Appellee, v. DEPARTMENT OF MOTOR VEHICLES, Appellant.

Supreme Court of Nebraska.

July 26, 2002.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and Jodi M. Fenner, Lincoln, for appellant.

R. Douglas Stave, of Stave, Dougherty & Stave, Omaha, for appellee.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

NATURE OF CASE

In this case, the Nebraska Department of Motor Vehicles (department) appeals from an order of the district court for Douglas County. After an administrative license revocation hearing, the department concluded that Michael C. Morrissey had refused to submit to a chemical test of his breath. In part on this basis, the department revoked Morrissey's driver's license. The district court reversed, relying on Keys v. Department...

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