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JOHNSTON v. HODGES

No. 420.

372 F.Supp. 1015 (1974)

Bee I. JOHNSTON, Plaintiff, v. F. E. HODGES, Director, Division of Driver Licensing, Department of Public Safety of the Commonwealth of Kentucky, Defendant.

United States District Court E. D. Kentucky, Frankfort Division.

March 25, 1974.

Attorney(s) appearing for the Case

Robert A. Sedler, Lexington, Ky., Donna Morton Maier, Louisville, Ky., for plaintiff.

Mary Jo Arterberry, Dept. of Transp., Frankfort, Ky., for defendant.

MEMORANDUM

SWINFORD, District Judge.

This action challenges the constitutionality of the sex-based mandatory preference embodied in K.R.S. 186.470 (1):

"The application of any minor under the age of eighteen (18) for an operator's license, motorcycle operator's license or any instruction permit shall not be granted unless the application is signed by the father of the applicant, if the father is living and has custody of the applicant, otherwise...

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