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BUREAU OF TRAFFIC SAFETY v. BURKE

No. 369 C.D. 1976.

31 Pa.Commw. 290 (1977)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Raymond G. Burke.

Commonwealth Court of Pennsylvania.

July 27, 1977.

Attorney(s) appearing for the Case

John L. Heaton, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Thomas C. Branca, with him Stanford S. Hunn Associates, for appellee.

Argued June 10, 1977, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE MENCER, July 27, 1977:

This appeal comes to us upon an agreed set of facts which are set forth in the opinion of the lower court:

At approximately 1:00 A.M. on the morning of May 14, 1975, Officer Wesley A. Hill of the Hatfield Township Police Department observed a tan Chrysler being operated in an erratic manner. He followed at a distance and saw the suspect vehicle tailgating another...

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