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COMMONWEALTH v. KLUGER

No. 171 C.D. 1973.

12 Pa.Commw. 460 (1973)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant, v. Jack R. Kluger, Appellee.

Commonwealth Court of Pennsylvania.

October 16, 1973.

Attorney(s) appearing for the Case

John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

Richard M. Goldberg, with him Hourigan, Kluger & Spohrer Associates, for appellee.

Argued September 14, 1973, before Judges KRAMER, WILKINSON, JR. and ROGERS, sitting as a panel of three. Reargued February 6, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE KRAMER, October 16, 1973:

This is an appeal by the Commonwealth of Pennsylvania, Department of Transportation (Commonwealth) from an order of the Court of Common Pleas of Luzerne County sustaining the appeal of Jack R. Kluger (Kluger) from the suspension of his motor vehicle operator's license by the Secretary of the Department of Transportation (Secretary).

The Secretary suspended Kluger's license due to a violation of Section 1002(b) (6...

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