MITCHELL v. CLINE

No. 20126.

412 S.E.2d 733 (1991)

John E. MITCHELL, Petitioner Below, Appellee, v. Jane L. CLINE, Commissioner of the Department of Motor Vehicles, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 12, 1991.


Attorney(s) appearing for the Case

Christopher J. Paull, Cipriani & Paull, Wellsburg, for appellee.

Andrew F. Tarr, Asst. Atty. Gen., Charleston, for appellant.


PER CURIAM:

This is an appeal by the Commissioner of the West Virginia Department of Motor Vehicles from an order of the Circuit Court of Brooke County which reversed a decision of the Commissioner revoking John E. Mitchell's driver's license. In reversing the Commissioner's decision to revoke the license, the circuit court ruled that the evidence adduced in the case failed to establish a basis for revocation as required by W.Va.Code, 17C-5-1 et seq.

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