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STATE v. DART

M360982, M454385, M823445, M824954, M815895, M743776, M830887, M829232, M460798, M765528; CA A44457 (Control) to CA A44459, CA A44461 to CA A44463 and CA A44466 to CA A44469.

741 P.2d 538 (1987)

87 Or.App. 124

STATE of Oregon, Appellant, v. Ronald Ray DART, Respondent. State of Oregon, Appellant, v. KELLY JOE CUNNINGHAM, Respondent. State of Oregon, Appellant, v. WILLIAM D. FUNDERBURGH, Respondent. State of Oregon, Appellant, v. Irwin Harcourt Greenidge, Respondent. State of Oregon, Appellant, v. JON LYNN GROSS, Respondent. State of Oregon, Appellant, v. James Franklin Herrod, Jr., Respondent. State of Oregon, Appellant, v. GREGORY WALLACE MURPHY, Respondent. State of Oregon, Appellant, v. Alexander Peterson, Respondent. State of Oregon, Appellant, v. CHRISTOPHER M. SMITH, Respondent. State of Oregon, Appellant, v. Darcey Robert Visger, Respondent.

Court of Appeals of Oregon.

Decided August 26, 1987.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., Salem, for appellant. With him on brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Michael E. Rose, Portland, for respondents. With him on brief, was Ann S. Christian, Portland. Ann B. Witte, Portland, joined in brief, on behalf of respondent Irwin Harcourt Greenidge.

Before RICHARDSON, P.J., JOSEPH, C.J., and WARREN, J.

PER CURIAM.

These are consolidated appeals in which the state seeks reversal of the trial court's orders suppressing evidence of Intoxilyzer test results against defendants, who are charged with DUII. Defendants advance a number of arguments for sustaining the orders, the thrust of which is that the Intoxilyzer Model 4011A used by the state does not comply with and was not approved for use in accordance with applicable statutory and regulatory requirements. None of...

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