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PENRY v. NETH

No. A-11-544.

823 N.W.2d 243 (2012)

20 Neb. App. 276

Sarah E. PENRY, appellee, v. Beverly NETH, Director of the Department of Motor Vehicles for the State of Nebraska, and the Department of Motor Vehicles for the State of Nebraska, appellants.

Court of Appeals of Nebraska.

November 6, 2012.

Attorney(s) appearing for the Case

Jon Bruning , Attorney General, and Gregory J. Walklin for appellants.

Brad Roth , of McHenry, Haszard, Roth, Hupp, Burkholder & Blomenberg, P.C., L.L.O., Lincoln, and, on brief, Timothy C. Phillips, P.C., L.L.O., for appellee.

INBODY, Chief Judge, and MOORE and RIEDMANN, Judges.

MOORE, Judge.

INTRODUCTION

In this appeal, brought pursuant to the Administrative Procedure Act, the director of the Nebraska Department of Motor Vehicles and the Nebraska Department of Motor Vehicles (collectively the Department) appeal from a decision of the district court for Lancaster County vacating and remanding the Department's revocation of Sarah E. Penry's operator's license. The district court's decision was based on the conclusion that the hearing...

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