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FANKHAUSER v. ORR

Docket No. 25115.

268 Cal.App.2d 418 (1968)

74 Cal. Rptr. 61

RALPH KENT FANKHAUSER, Plaintiff and Respondent, v. VERNE ORR, as Director of the Department of Motor Vehicles, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

December 23, 1968.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, and Victor D. Sonenberg, Deputy Attorney General, for Defendant and Appellant.

Frank William Newton for Plaintiff and Respondent.

SHOEMAKER, P.J.

This is an appeal by the Director of the Department of Motor Vehicles from a judgment granting plaintiff Ralph Fankhauser a peremptory writ of mandate compelling the vacation of certain orders suspending plaintiff's driver's license.

The record reveals that there was filed with the Department of Motor Vehicles ("Department") a sworn declaration by a peace officer, under section 13353 of the Vehicle Code, setting forth that on January 30, 1967...

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