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FOSTER v. KANSAS DEPT. OF REVENUE

Nos. 92,250, 92,344.

281 Kan. 368 (2006)

MICHAEL E. FOSTER, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. PAUL GRIGGS, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Supreme Court of Kansas.

Opinion filed March 24, 2006.

Attorney(s) appearing for the Case

J. Brian Cox, of Legal Services Bureau, Kansas Department of Revenue, argued the cause and was on the briefs for appellant.

John E. Stang, of Hulnick Law Offices, P.A., of Wichita, argued the cause, and Laura B. Shaneyfelt, of the same firm, was with him on the brief for appellee Michael E. Foster.

R. Matthew Lane, of Treadwell Lane, LLC, of Wichita, argued the cause and was on the brief for appellee Paul Griggs.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

In separate cases, Michael Foster and Paul Griggs had their driving privileges suspended by the Kansas Department of Revenue (KDR) for refusing to submit to breath alcohol tests. Each filed a petition in the district court for judicial review of his license suspension. The district court vacated the suspensions on the ground that KDR had not "forthwith set" the matters for hearing as required by K.S...

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