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LAMB v. MOZINGO

94 S.E.2d 457 (1956)

198 Va. 432

C. H. LAMB, Commissioner of the Division of Motor Vehicles of the Commonwealth of Virginia, v. Clarence James MOZINGO.

Supreme Court of Appeals of Virginia.

October 8, 1956.

Attorney(s) appearing for the Case

D. Gardiner Tyler, Jr., Asst. Atty. Gen., (J. Lindsay Almond, Jr., Atty. Gen., on the brief), for appellant.

George Mason, Jr., Colonial Beach, and J. T. Robertson, Jr., Montross (Hutt & Robertson, Montross, on the brief), for appellee.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, MILLER and WHITTLE, JJ.

MILLER, Justice.

The question presented is whether or not the circuit court properly reversed and annulled an order entered on August 3, 1955, by C. H. Lamb, Commissioner of Motor Vehicles, under authority of § 46-420, Code of 1950, which suspended for thirty days the operator's and chauffeur's licenses of Clarence James Mozingo.

The pertinent provisions of § 46-420 follow:

"The Commissioner may, after due hearing, * * * suspend or revoke...

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