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KEHL v. SCHWENDIMAN

No. 860010-CA.

735 P.2d 413 (1987)

Jack R. KEHL, Plaintiff and Respondent, v. Fred C. SCHWENDIMAN, Chief Drivers' License Services, Department of Public Safety, State of Utah, Defendant and Appellant.

Court of Appeals of Utah.

April 16, 1987.

Attorney(s) appearing for the Case

David L. Wilkinson, State Atty. Gen., Stephen G. Schwendiman, Div. Chief, Bruce M. Hale, Asst. Atty. Gen., for defendant and appellant.

J. Franklin Allred, Salt Lake City, for plaintiff and respondent.

Before GARFF, JACKSON and BILLINGS, JJ.

OPINION

BILLINGS, Judge:

The Department of Public Safety ("the Department") appeals the district court's order reversing an administrative suspension of Jack R. Kehl's ("Kehl's") driver's license. We hold the "residuum rule" applies to per se license suspension hearings and the administrative order to suspend Kehl's license was not supported by a residuum of competent legal evidence. We therefore affirm the district court's order reinstating Kehl's license...

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