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SMITH v. DEPARTMENT OF MOTOR VEHICLES

Docket No. A025292.

163 Cal.App.3d 321 (1984)

209 Cal. Rptr. 283

KENT ERIC SMITH, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

December 31, 1984.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Harold W. Teasdale and Victor D. Sonenberg, Deputy Attorneys General, for Defendant and Appellant.

Denise M. Nolan and Kleebauer & Nolan for Plaintiff and Respondent.

OPINION

BARRY-DEAL, J.

The Department of Motor Vehicles of the State of California (DMV) appeals from a judgment in favor of Kent Eric Smith (Smith) granting a peremptory writ of mandate directing the DMV to reinstate Smith's class 1 or 2 (truck and bus) driver's license. At issue is a DMV regulation which purportedly provides that persons with diabetes requiring insulin to control the condition may not be granted class 1 or 2 drivers...

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