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McCORMICK v. PETERS

No. 8010SC30.

269 S.E.2d 168 (1980)

48 N.C. App. 365

Doran Dyer McCORMICK, Petitioner, v. Elbert L. PETERS, Jr., Commissioner of North Carolina Division of Motor Vehicles, Respondent.

Court of Appeals of North Carolina.

August 19, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Jane P. Gray and Deputy Atty. Gen. William W. Melvin, Raleigh, for the State.

Joslin, Culbertson, Sedberry & Houck by Charles H. Sedberry, Raleigh, for petitioner-appellant.

PARKER, Judge.

Relying upon the statutory scheme of G.S. 20-9, petitioner contends that the findings of the Medical Review Board are insufficient to support the Board's order that he not be granted driving privileges and that the order of the Division of Motor Vehicles withdrawing those privileges be sustained.

G.S. 20-9(e) provides generally as follows:

The Division [of Motor Vehicles] shall not issue an operator's or chauffeur's license to any person...

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