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COMMONWEALTH DEPARTMENT OF PUBLIC SAFETY v. ASHWORTH

497 S.W.2d 54 (1973)

COMMONWEALTH of Kentucky, DEPARTMENT OF PUBLIC SAFETY, et al., Appellants, v. James Boadley ASHWORTH, Appellee.

Court of Appeals of Kentucky.

June 1, 1973.

Attorney(s) appearing for the Case

Mary Jo Arterberry, Frankfort, for appellants.

Robert D. Simmons, Allender, Simmons & Robertson, Bowling Green, for appellee.

STEINFELD, Justice.

This is an appeal by the Department of Public Safety and its Commissioner from a judgment of the circuit court that set aside the revocation of the appellee's motor vehicle operator's license.

Appellee Ashworth filed in the circuit court a petition for appeal from the order revoking (KRS 186.565), but he failed to have a summons issued. However, he served a copy of the petition on the Department of Public Safety. The Department moved to...

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