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MOORE v. STATE, MOTOR VEHICLES DIV., ETC.

SC 28452; CA 18130, CA A20656, CA 18170, CA A20153, CA A21023.

652 P.2d 794 (1982)

293 Or. 715

Dennis Delair MOORE, Respondent On Review, v. THE STATE OF OREGON, MOTOR VEHICLES Division of the Oregon Department of Transportation, Petitioner On Review. In the matter of the Refusal to Submit to a Breath Test by: John Hiram Schenk, Respondent On Review, v. MOTOR VEHICLES DIVISION, State of Oregon, Petitioner On Review. In the matter of the Refusal to Submit to a Breath Test by: Hugh Bunten, Respondent On Review, v. MOTOR VEHICLES DIVISION, STATE of Oregon, Petitioner On Review. In the matter of the Refusal to Submit to a Breath Test by: Samuel Irving Jagger, Jr., Respondent On Review, v. MOTOR VEHICLES DIVISION, State of Oregon, Petitioner On Review. In the matter of the Refusal to Take a Breath Test by: Michael Ernest Carter, Respondent On Review, v. MOTOR VEHICLES DIVISION, STATE of Oregon, Petitioner On Review.

Supreme Court of Oregon.

Decided October 26, 1982.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen. and William F. Gary, Sol. Gen., Salem.

Ronald D. Thom and Zack M. Lorts, Oregon City, filed a response to the petition for respondent on review Schenk.

Terrence B. O'Sullivan of Merrill & O'Sullivan, Bend, filed a response to the petition for respondent on review Carter. Oral argument was waived as to all respondents on review.

No appearance for respondents on review Moore, Bunten and Jagger.

Before LENT, C.J., and LINDE, PETERSON, TANZER, CAMPBELL and CARSON, JJ.

TANZER, Justice.

In each of these five consolidated cases, the Court of Appeals, Carter v. Motor Vehicles Division, 55 Or.App. 535, 638 P.2d 1180, Jagger v. Motor Vehicles Division, 55 Or.App. 535, 638 P.2d 1180, Moore v. Motor Vehicles Division, 55 Or.App. 510,

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