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JOHNSON v. SANCHEZ

No. 6517.

351 P.2d 449 (1960)

67 N.M. 41

Lillard H. JOHNSON, Plaintiff-Appellant, v. Benny SANCHEZ, Commissioner of Motor Vehicles of the State of New Mexico, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied May 13, 1960.

Attorney(s) appearing for the Case

Reese, McCormick, Lusk & Paine, Carlsbad, for appellant.

Richard H. Robinson, Chief Counsel, Bureau of Revenue, Santa Fe, N. Mex., Frank Mims, Albuquerque, N. Mex., for appellee.

CARMODY, Justice.

This appeal results from plaintiff's unsuccessful attempt to have the district court set aside the suspension of his driver's license by the defendant, commissioner of motor vehicles.

The basic questions are: (1) What is the type of a hearing to which the suspended licensee is entitled in the district court; and (2) is the New Mexico statute authorizing suspension of an automobile operator's license constitutional?

Plaintiff Johnson...

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