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ATKINS v. DEPARTMENT OF MOTOR VEHICLES

No. 39531.

224 N.W.2d 535 (1974)

192 Neb. 791

David J. ATKINS, Appellant, v. DEPARTMENT OF MOTOR VEHICLES of the State of Nebraska, and John L. Sullivan, Director, Appellees.

Supreme Court of Nebraska.

December 26, 1974.

Attorney(s) appearing for the Case

Rollin R. Bailey, Davis, Bailey, Polsky, Huff & Denney, Lincoln, for appellant.

Clarence A. H. Meyer, Atty. Gen., Steven C. Smith, Special Asst. Atty. Gen., Lincoln, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.

CLINTON, Justice.

Appellant seeks in this action to enjoin the Department of Motor Vehicles and its director, John L. Sullivan, from enforcing an order revoking his driver's license for failure to submit to a test of alcohol content requested by police officers pursuant to Nebraska's implied consent law. The District Court denied appellant the requested relief. We affirm.

On September 8, 1973, appellant was stopped by officers of the Lincoln police department...

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