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BAKER v. DIRECTOR OF REVENUE

No. 26161.

151 S.W.3d 144 (2004)

Terry Gene BAKER, Plaintiff-Appellant, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

December 22, 2004.

Attorney(s) appearing for the Case

John Cowherd, Mt. Vernon, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen. and Shawn R. McCall, Asst. Atty. Gen., Jefferson City, for Respondent.

NANCY STEFFEN RAHMEYER, Judge.

Terry Baker ("Appellant") appeals the judgment affirming the revocation of his driver's license by the Missouri Department of Revenue ("Director"). We affirm.

In this appeal from the revocation of a driver's license for failure to submit to a breath test, Appellant claims the court erred in upholding the revocation because the Director did not have the statutory authority to revoke his license under section 577.041,

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