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MORGAN v. MVD

862063; CA A40915.

743 P.2d 774 (1987)

87 Or.App. 635

In the matter of the Suspension of the Driving Privileges of Clarence Ellsworth MORGAN, Jr., Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided October 7, 1987.

Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Robert M. Atkinson, Asst. Atty. Gen., Salem, for appellant.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

On Appellant's Petition for Reconsideration June 4, 1987.

PER CURIAM.

Reconsideration denied.

ROSSMAN, J., dissenting.

ON PETITION FOR REVIEW

ROSSMAN, dissenting.

MVD petitions for reconsideration. ORAP 10.10. I would grant reconsideration, because I now believe that our opinion is erroneous.

We affirmed a judgment reversing an MVD order suspending Morgan's driving privileges for refusing to take an Intoxilyzer test...

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