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ANDROS v. STATE, DEPARTMENT OF MOTOR VEHICLES

485 P.2d 635 (1971)

Dee Gus ANDROS, Respondent, v. STATE of Oregon, Acting by and through the DEPARTMENT OF MOTOR VEHICLES, Appellant.

Court of Appeals of Oregon, Department 1.

Decided May 28, 1971.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

LaVerne M. Johnson, Corvallis, argued the cause for respondent. With him on the brief were Thomas & Johnson, Corvallis.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

FOLEY, Judge.

The Department of Motor Vehicles (now Motor Vehicles Division) suspended petitioner's operator's license for refusal to submit to a chemical test of his breath as provided for by ORS 483.634. Pursuant to ORS 482.560 petitioner appealed the suspension to the Circuit Court of Benton County. This is an appeal by defendant Department of Motor Vehicles from a judgment of the Benton County Circuit Court entered on a jury verdict in favor of petitioner Andros...

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