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FORREST v. KANSAS DEPT. OF REVENUE

No. 118,154.

425 P.3d 624 (2018)

James FORREST, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Kansas.

Opinion filed July 6, 2018.

Attorney(s) appearing for the Case

John D. Shultz , of Legal Services Bureau, Kansas Department of Revenue, for appellant.

Michael S. Holland II , of Holland and Holland, of Russell, for appellee.

Before Hill, P.J., Pierron and Malone, JJ.

For the second time, the Kansas Department of Revenue (KDR) appeals the district court's decision to set aside the administrative suspension of James Forrest's driver's license based on a breath test failure. In the first appeal, this court reversed the district court because it incorrectly placed the burden on the KDR and it improperly...

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