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STATE EX REL. HILT TRUCK LINE v. PETERSON

No. 82-310.

337 N.W.2d 133 (1983)

215 Neb. 81

STATE ex rel. HILT TRUCK LINE, INC., Appellant, v. Harry "Pete" PETERSON, Director of the Department of Motor Vehicles for the State of Nebraska, Appellee.

Supreme Court of Nebraska.

August 5, 1983.

Attorney(s) appearing for the Case

Michael O. Johanns of Peterson, Bowman & Johanns, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., and Ruth Anne E. Galter, Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, WHITE, HASTINGS, CAPORALE and SHANAHAN, JJ.

SHANAHAN, Justice.

Hilt Truck Line, Inc. (Hilt), requested a writ of mandamus requiring the director of the Department of Motor Vehicles (department) to process Hilt's application for proportional registration of its truck fleet pursuant to Neb.Rev.Stat. § 60-305.09 (Reissue 1978). The trial court denied the writ, finding that the director's granting of a proportional registration is a discretionary duty. Hilt appeals, assigning as errors the court's finding...

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