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TEXAS DEPT. OF PUBLIC SAFETY v. CANON

No. 19041.

547 S.W.2d 302 (1976)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Craig Otis CANON, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 16, 1977.

Attorney(s) appearing for the Case

Henry Wade, Dist. Atty., Ronald D. Hinds, Asst. Dist. Atty., Dallas, for appellant.

Stuart C. Hollimon, Strasburger, Price, Kelton, Martin & Unis, Dallas, for appellee.

GUITTARD, Chief Justice.

In this driver's-license suspension proceeding, both parties moved for summary judgment. The trial court overruled the motion of the Department of Public Safety and granted that of the licensee, and the Department appeals. The suspension was sought under the habitual violator statute. Tex.Civ.Stat.Ann. art. 6687b, § 22(b)(4) (Vernon 1969), on the ground of four convictions for traffic violations within one year. The licensee admits three...

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