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MAHLENDORF v. DEPT. OF MOTOR VEHICLES

No. A-94-054.

538 N.W.2d 773 (1995)

4 Neb.App. 108

Charles L. MAHLENDORF, Appellee and Cross-Appellant, v. NEBRASKA DEPARTMENT OF MOTOR VEHICLES, Appellant and Cross-Appellee.

Court of Appeals of Nebraska.

October 24, 1995.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and Jay C. Hinsley, Lincoln, for appellant.

L. William Kelly, of Kelly & Schroeder, Grand Island, for appellee.

IRWIN and MILLER-LERMAN, JJ., and HOWARD, District Judge, Retired.

HOWARD, District Judge, Retired.

The Nebraska Department of Motor Vehicles appeals from a district court order which reversed the department's revocation of Charles L. Mahlendorf's driver's license. Mahlendorf had his license revoked pursuant to the automatic license revocation provisions of Neb.Rev.Stat. § 39-669.15 et seq. (Reissue 1988 & Cum.Supp.1992). Mahlendorf cross-appeals, alleging that the district court erred when it did not award him attorney...

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