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STATE, DEPT. OF PUB. SAFETY, DRIVERS' LICENSE DIV. v. MOORE

No. 12573.

311 So.2d 20 (1975)

STATE of Louisiana, DEPARTMENT OF PUBLIC SAFETY, DRIVERS' LICENSE DIVISION, Defendant-Appellant, v. James Gary MOORE, Plaintiff-Appellee.

Court of Appeal of Louisiana, Second Circuit.

April 1, 1975.

Attorney(s) appearing for the Case

Foye L. Lowe, Jr., Associate Gen. Counsel, Dept. of Public Safety, Baton Rouge, for defendant-appellant.

Johnston, Thornton, Pringle & Greer by James J. Thornton, Jr., Shreveport, for plaintiff-appellee.

Before BOLIN, PRICE and DENNIS, JJ.

BOLIN, Judge.

The Department of Public Safety, Drivers' License Division, State of Louisiana, has appealed from a lower court judgment in favor of plaintiff, James Gary Moore, which judgment annulled and vacated an order of that department revoking Moore's driver's license. We affirm the judgment.

Initially, we observed the petition is erroneously designated as a petition for appeal under Louisiana Revised Statutes 32:852, subd. B; further, it is erroneously...

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