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RHYNE v. GARRETT

No. 7319SC477.

197 S.E.2d 235 (1973)

18 N.C. App. 565

Betty Castleberry RHYNE v. Joe GARRETT, N. C. Commissioner of Motor Vehicles.

Court of Appeals of North Carolina.

June 27, 1973.

Attorney(s) appearing for the Case

Carlton & Rhodes by Graham M. Carlton and Gary C. Rhodes, Salisbury, for plaintiff appellee.

Atty. Gen. Robert Morgan and Asst. Attys. Gen. William W. Melvin and William B. Ray, Raleigh, for defendant appellant.

HEDRICK, Judge.

G.S. § 20-25 in pertinent part provides:

"Any person denied a license or whose license has been cancelled, suspended or revoked by the Department, except where such cancellation is mandatory under the provisions of this article, shall have a right to file a petition within thirty (30) days thereafter for a hearing in the matter in the superior court of the county wherein such person shall reside . . . and such court or judge is...

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