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LAMB v. RUBIN

96 S.E.2d 80 (1957)

198 Va. 628

C. H. LAMB, Commissioner of the Division of Motor Vehicles of the Commonwealth of Virginia, v. Jack RUBIN.

Supreme Court of Appeals of Virginia.

January 21, 1957.

Attorney(s) appearing for the Case

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

No brief or argument for appellee.

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

SPRATLEY, Justice.

The controlling question presented in this case is whether the trial court erred in modifying an order entered on October 26, 1955, by C. H. Lamb, Commissioner of the Division of Motor Vehicles, under authority of § 46-420, Virginia Code 1950, which suspended for thirty days the operator's license of Jack Rubin.

The pertinent provisions of § 46-420 follow:

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

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