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SAUER v. McCARTHY

Docket No. S.F. 20419.

54 Cal.2d 295 (1960)

353 P.2d 290

5 Cal. Rptr. 682

GEORGE HENRY SAUER, Plaintiff and Appellant, v. ROBERT McCARTHY, as Director of Motor Vehicles, Defendant and Appellant.

Supreme Court of California. In Bank.

June 2, 1960.

Attorney(s) appearing for the Case

Ring, Turner, Ring & Wright and Harold H. Turner for Plaintiff and Appellant.

Stanley Mosk, Attorney General, Carl W. Wynkoop and C. Gordon Taylor, Deputy Attorneys General, for Defendant and Appellant.

GIBSON, C.J.

Robert McCarthy, Director of Motor Vehicles, appeals from a judgment of the superior court which ordered the issuance of a writ of mandate compelling him to reinstate the driver's license of George Henry Sauer after it had been suspended. Sauer has filed a cross-appeal from that portion of the judgment in which the court refused to award him damages against the State of California resulting from the asserted wrongful suspension.

In July 1959,...

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