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IN THE MATTER OF LIVENGOOD

DMV No. 851031 1448; CA A40090.

728 P.2d 84 (1986)

82 Or.App. 320

In the matter of the Revocation of the Driver's License under the Habitual Offenders Act of Gary Dean LIVENGOOD, Petitioner. Gary Dean Livengood, Petitioner, v. MOTOR VEHICLES DIVISION, Respondent.

Court of Appeals of Oregon.

Decided November 12, 1986.

Attorney(s) appearing for the Case

William N. Kent, Eugene, argued the cause and filed the brief for petitioner.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Petitioner seeks review of a final order of the Motor Vehicles Division (MVD) finding him to be an habitual offender and revoking his driver's license. Former ORS 484.727.1 The issue is whether a prior MVD order should be given res judicata effect. We hold that the prior order is not a bar to the present proceeding and affirm.

There have been two hearings to determine whether petitioner's driving privileges...

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