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  5. 196 N.W.2d 310 (1972)
 

STATE, DEPARTMENT OF HIGHWAYS v. RIEGER

Nos. 42811, 42882.

196 N.W.2d 310 (1972)

STATE of Minnesota, DEPARTMENT OF HIGHWAYS, Respondent, v. Thomas Eugene RIEGER, Appellant. STATE of Minnesota, DEPARTMENT OF HIGHWAYS, Respondent, v. Raymond A. ABEL, Appellant.

Supreme Court of Minnesota.

March 24, 1972.

Attorney(s) appearing for the Case

John E. Daubney, St. Paul, for Rieger.

Katz, Taube, Lange & Frommelt and Emanuel Z. Kopstein, Minneapolis, for Abel.

Warren Spannaus, Atty. Gen., Frederick S. Suhler, Jr., Sp. Asst. Atty. Gen., St. Paul, for respondent in 42811.

Warren Spannaus, Atty. Gen., Thomas G. Lockhart, Sp. Asst. Atty. Gen., St. Paul, for respondent in 42882.

42882—Considered by KNUTSON, C. J., and OTIS, KELLY, and TODD, JJ.

PER CURIAM.

In each of these cases the district court sustained the revocation of the defendant's driver's license for refusing to submit to a chemical test authorized by Minn.St.1969, § 169.123. The only issue before this court in each case is whether the examining officer was a "peace officer" within the meaning of § 169.123, subd. 1. Since both defendants refused to take the test, we do not find it necessary to resolve the issue raised by them and affirm...

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