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HALL v. OREGON STATE DEPT. OF MOTOR VEHICLES

467 P.2d 975 (1970)

Nelson Garner HALL, Respondent, v. OREGON STATE DEPARTMENT OF MOTOR VEHICLES, Appellant.

Court of Appeals of Oregon, Department 2.

Decided April 16, 1970.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, filed brief for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Solicitor Gen., Salem.

Robert E. Jones, North Bend, filed brief for respondent.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

SCHWAB, Chief Judge.

This is an appeal by the defendant Department of Motor Vehicles1 from a trial court order directing the defendant to cancel and set aside an order suspending plaintiff's motor vehicle operator's license. The question presented is whether actual receipt of notice of suspension by the party affected is required before the suspension is effective or whether constructive notice is sufficient. The applicable statute is...

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