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IN RE HINESLEY

No. 10334.

150 N.W.2d 834 (1967)

In the Matter of the Revocation of the Motor Vehicle Used Car Dealers License of Gerald D. HINESLEY and L. W. Sanders, d/b/a Sanders-Hinesley Motor Sales.

Supreme Court of South Dakota.

May 16, 1967.

Attorney(s) appearing for the Case

Frank L. Farrar, Atty. Gen., F. A. Winans, Asst. Atty. Gen., Pierre, for appellant.

D. O. Dillavou, Deadwood, for respondent.

Woods, Fuller, Shultz & Smith, and J. B. Shultz and Timothy J. Nimick, Sioux Falls, for South Dakota Automobile Dealers Association, amicus curiae.

HANSON, Judge.

The Sanders-Hinesley Motor Sales of Sturgis was licensed to sell used motor vehicles. It was not licensed to sell new cars and was not a franchised new car dealer. On June 21, 1965 the Commissioner of Motor Vehicles suspended this dealer's license for a period of six months for selling new Ford automobiles under its used motor vehicle dealer's license. The dealer appealed to Circuit Court which reversed the order of the Commissioner and reinstated its...

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