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HORNE v. DIRECTOR OF REVENUE

No. ED 85843.

176 S.W.3d 730 (2005)

Danny L. HORNE, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

November 22, 2005.

Attorney(s) appearing for the Case

James H. Klahr, Jefferson City, MO, for appellant.

Robert T. Ryan, St. Charles, MO, Robert S. Adler, St. Louis, MO, for respondent.

Before GARY M. GAERTNER, SR., P.J., GEORGE W. DRAPER III, J., and KENNETH M. ROMINES, J.

ORDER

PER CURIAM.

The Director of Revenue (hereinafter, "the Director") appeals from the trial court's judgment reinstating the driving privileges of Danny L. Horne (hereinafter, "Driver"). The Director raises one claim on appeal, arguing the trial court erred in reversing the revocation of Driver's license because it presented sufficient evidence to make a prima facie case that Driver refused to submit to a chemical test.

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