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KIRK v. MOTOR VEHICLES DIVISION

16-85-02356; CA A36322.

719 P.2d 516 (1986)

79 Or.App. 533

In the Matter of the Suspension of the Driving Privileges of James W. KIRK, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided May 29, 1986.

Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and John A. Reuling, Jr., Asst. Atty. Gen., Salem, filed the brief for appellant.

No appearance for respondent.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

On Record and Appellant's Brief May 5, 1986.

PER CURIAM.

The Motor Vehicles Division appeals from a judgment that reversed its suspension of respondent's operator's license because he refused to take a blood alcohol breath test. We reverse for the reasons set forth in Wimmer v. M.V.D., 75 Or.App. 287, 706 P.2d 182, rev. den. 300 Or. 367, 712 P.2d 109 (1985).

Reversed...

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