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TOLAR v. STATE, THROUGH DEPT. OF PUB. SAFETY

No. 13626.

363 So.2d 933 (1978)

Charles M. TOLAR, Plaintiff-Appellee, v. STATE of Louisiana, Through the DEPARTMENT OF PUBLIC SAFETY, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied, November 14, 1978.

Attorney(s) appearing for the Case

Foye L. Lowe, Jr., Associate Gen. Counsel, Baton Rouge, for defendant-appellant.

Baker, Culpepper & Brunson by Bobby L. Culpepper, J. Michael McDonald, Baton Rouge, for plaintiff-appellee.

Before BOLIN, HALL and JONES, JJ.

Rehearing En Banc. Denied, November 14, 1978.

HALL, Judge.

On a previous appeal in this case this court affirmed a judgment of the district court ordering the defendant, Department of Public Safety, to return to plaintiff, Tolar, his driver's license and license plate which were taken by the Department under a suspension order issued pursuant to LSA-R.S. 32:424 and 414(E).1 The reason for our

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