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JONES v. PENNY

Civ. No. C-74-2WS.

387 F.Supp. 383 (1974)

Richard Kells JONES, on behalf of himself and all others similarly situated, Plaintiff, v. J. M. PENNY, Commissioner, North Carolina Department of Motor Vehicles; and W. D. Wooten, Executive Director, North Carolina Driver License Medical Review Board, Defendants.

United States District Court, M. D. North Carolina, Winston-Salem Division.

December 23, 1974.

Attorney(s) appearing for the Case

Bertram Ervin Brown, II, and Reita P. Pendry, Winston-Salem, N. C., for plaintiff.

Robert Morgan, Atty. Gen., of N. C., and William B. Ray, Asst. Atty. Gen., of N. C., for defendants.

Before CRAVEN, Circuit Judge, and GORDON and WARD, District Judges.

CRAVEN, Circuit Judge:

Plaintiff has brought this § 19831 action on behalf of himself and all others similarly situated against the Commissioner of the North Carolina Department of Motor Vehicles and the Executive Director of the Driver License Medical Review Board. At issue is the statutory procedure by which the Commissioner revokes the driver's license of one who has been legally adjudged...

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