MONTGOMERY v. N. C. DEPT. OF MOTOR VEHICLES

No. C-C-77-122.

455 F.Supp. 338 (1978)

Donald H. MONTGOMERY, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF MOTOR VEHICLES and Commissioner Edward Powell, Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

August 4, 1978.


Attorney(s) appearing for the Case

William H. Elam, Charlotte, N. C., for plaintiff.

Jean A. Benoy, Deputy Atty. Gen., Raleigh, N. C., for defendants.


JUDGMENT

McMILLAN, District Judge.

On May 6, 1977, the plaintiff filed this action claiming that the procedures adopted by N.C.G.S. § 20-16.2(a) and the procedures which led to the revocation of his driving privileges for six months are an unconstitutional deprivation of a property right without due process of law and a denial of equal protection of the laws. He sought a preliminary and permanent injunction against the enforcement of the judgment revoking...

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