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SMITH v. BECHTOLD

No. 21543.

438 S.E.2d 347 (1993)

190 W.Va. 315

Jackson L. SMITH, Plaintiff Below, Appellee, v. L.W. BECHTOLD, Commissioner of the West Virginia Department of Motor Vehicles, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 23, 1993.

Attorney(s) appearing for the Case

Harold S. Yost, Bridgeport, for appellee.

Barry Koerber, Claude S. Smith, III, Asst. Attys. Gen., Charleston, for appellant.

BROTHERTON, Justice:

This is an appeal by the Commissioner of the West Virginia Department of Motor Vehicles from an order of the Circuit Court of Harrison County entered on May 28, 1992. That order reversed a decision by the Commissioner revoking Jackson L. Smith's license to drive a motor vehicle for a period of one year. On appeal, the Commissioner claims that the lower court erred in reversing the revocation of Mr. Smith's license without finding prejudice to...

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