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CURRY v. GOLDBERG

No. WD 31582.

614 S.W.2d 318 (1981)

Robert M. CURRY, Appellant, v. Gerald GOLDBERG, Director, Department of Revenue, State of Missouri, Respondent.

Missouri Court of Appeals, Western District.

March 30, 1981.

Attorney(s) appearing for the Case

Andrew J. Gelbach, Warrensburg, for appellant.

John Ashcroft, Atty. Gen., Richard L. Wieler, Asst. Atty. Gen., Jefferson City, for respondent.

Before KENNEDY, P. J., and SHANGLER and SOMERVILLE, JJ.

SOMERVILLE, Judge.

Robert M. Curry appeals from an order of the Circuit Court of Johnson County denying his petition to set aside a revocation of his driver's license for refusal to submit to a breathalyzer test under Section 577.050, RSMo 1978 (formerly 564.444, RSMo 1969).

The issues raised by Curry on appeal are threefold: (1) whether he refused to submit to the test; (2) whether he was given a reasonable time to make an informed decision regarding consent...

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