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AMES v. MOTOR VEHICLES DIV., DEPT. OF TRANSP.

517 P.2d 1216 (1974)

In the matter of a Refusal to Submit to a Breath Test by Eric Lee Roy AMES, Respondent, v. MOTOR VEHICLES DIVISION, Department of Transportation, State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided January 21, 1974.

Attorney(s) appearing for the Case

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Al J. Laue, Asst. Atty. Gen., Salem, for appellant.

Richard W. Hill, Forest Grove, for respondent.

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

Submitted on Record and Appellant's Brief January 4, 1974.

SCHWAB, Chief Judge.

This is an appeal from the judgment of the circuit court in favor of the petitioner when the defendant elected not to plead further after an order overruling defendant's demurrer to the petition on the ground that it failed to state a cause of action. The petition read in pertinent part:

"IN THE CIRCUIT COURT OF THE STATE OF OREGON "FOR THE COUNTY OF WASHINGTON...

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