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BENDORF v. COMMISSIONER OF PUBLIC SAFETY

No. A05-1484.

727 N.W.2d 410 (2007)

Charles J. BENDORF, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Supreme Court of Minnesota.

February 15, 2007.

Attorney(s) appearing for the Case

Jeffrey S. Sheridan, Strandemo, Sheridan & Dulas, Eagan, MN, for appellant.

Mike Hatch, Minnesota Attorney General, Jeffrey F. Lebowski, Assistant Attorney General, Sean R. McCarthy, Assistant Attorney General, Peter D. Magnuson, Assistant Attorney General, St. Paul, MN, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

GILDEA, Justice.

Charles J. Bendorf appeals from a district court order sustaining the revocation of his driver's license. Bendorf argues that because his license was revoked pursuant to a statute that we declared unconstitutional in Fedziuk v. Commissioner of Public Safety, 696 N.W.2d 340 (Minn. 2005), he is entitled to rescission of his license revocation as a matter of procedural due process. The court...

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