State v. Erickson

Per Curiam. The commissioner of public safety appeals from an order of the district court denying a motion for a new trial. On motion for summary judgment, the court had issued an order rescinding the commissioner’s order revoking respondent’s driver’s license under the Minnesota implied-consent law, Minn. St. 169.123. We have examined the briefs and the record and have determined that this case is not a proper subject of our discretionary review. We therefore deny leave to appeal and dismiss the purported appeal as improvidently granted. State, Department of Public Safety, v. Ogg, 310 Minn. 433 , 246 N. W. 2d 560 (1976), filed herewith. Appeal dismissed.