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STURGILL v. BEARD

303 S.W.2d 908 (1957)

Don S. STURGILL, Individually and as Acting Commissioner of Public Safety, Appellant, v. John Wesley BEARD, Appellee.

Court of Appeals of Kentucky.

Dissenting Opinion July 8, 1957.

Attorney(s) appearing for the Case

E. Gaines Davis, Jr., Smith, Reed & Leary, Frankfort, for appellant.

Robert Hatton, Morris E. Britt, Louisville, for appellee.

Stanley B. Mayer, Louisville, amicus curiae.

WADDILL, Commissioner.

The appeal is from a judgment invalidating certain regulations the Department of Public Safety adopted on December 20, 1956, establishing a "Point System" under which the Department suspended the motor vehicle operator's license of John Wesley Beard. The circuit court was of the opinion the Department had exceeded its statutory authority in promulgating the regulations, and therefore held that the order issued by the Department suspending Beard...

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