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BARRON v. STATE, DEPT. OF PUBLIC SAFETY LICENSE CONTROL

No. 14471.

397 So.2d 29 (1981)

Thomas A. BARRON, Plaintiff-Appellee, v. STATE of Louisiana, DEPARTMENT OF PUBLIC SAFETY LICENSE CONTROL & DRIVER IMPROVEMENT DIVISION, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied May 1, 1981.

Writ Denied June 22, 1981.

Attorney(s) appearing for the Case

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

Rothell & Toups, Ltd., A Professional Law Corp. by David M. Cohn, Mansfield, for plaintiff-appellee.

Before MARVIN, JASPER E. JONES and FRED W. JONES, Jr., JJ.

En Banc. Rehearing Denied May 1, 1981.

FRED W. JONES, Jr., Judge.

The State of Louisiana appeals a judgment granting to plaintiff Barron a restricted driver's license. We reverse.

In 1978 Barron was adjudged an habitual offender pursuant to the provisions of Louisiana R.S. 32:1471 et seq., and his driver's license was revoked. At that time La.R.S. 32:1479 read as follows:

"No license to operate motor vehicles in this state shall be issued...

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