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RUTLEDGE v. TEXAS DEPARTMENT OF PUBLIC SAFETY

No. 7352.

483 S.W.2d 956 (1972)

Vergil Ray RUTLEDGE, Appellant, v. TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied August 31, 1972.

Attorney(s) appearing for the Case

R. E. McDaniel, Winnie, for appellant.

Tom Hanna, Dist. Atty., Dexter Patterson, Asst. Dist. Atty., Beaumont, for appellee.

KEITH, Justice.

Our prior opinion is withdrawn and this substituted in lieu thereof.

The principal question presented in this appeal may be stated in this manner: Since the Texas Motor Vehicle Safety-Responsibility Law, Art. 6701h, Vernon's Ann.Civ. St., has been declared unconstitutional in part, may a license suspension under the unconstitutional provision be upheld when such suspension antedated the effective date of the decision but the trial was conducted...

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