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GARCIA v. DEPT. OF MOTOR VEHICLES

No. S-93-748.

533 N.W.2d 911 (1995)

248 Neb. 251

Juventino L. GARCIA, Appellee, v. NEBRASKA DEPARTMENT OF MOTOR VEHICLES, Appellant.

Supreme Court of Nebraska.

June 23, 1995.

Attorney(s) appearing for the Case

Don Stenberg, Atty. Gen., Jay C. Hinsley, and, on brief, Lauren L. Hill, Lincoln, for appellant.

Ralph A. Bradley, of Bradley, Maser & Kneale, P.C., Grand Island, for appellee.

WHITE, C.J., CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ.

CONNOLLY, Justice.

The Department of Motor Vehicles (Department) appeals the district court's ruling ordering the Department to reinstate the driver's license of Juventino L. Garcia. The Department failed to make a determination of the issues within 7 days of the hearing on Garcia's appeal, as required by Neb.Rev.Stat. § 39-669.15(7) (Cum.Supp.1992). The district court found that the provision of the statute which states that the director of the Department of...

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