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McMAHON v. COM. OF PA.

No. 1101 C.D. 1977.

39 Pa.Commw. 260 (1978)

Peter A. McMahon, Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

December 15, 1978.

Attorney(s) appearing for the Case

Richard A. Moses, with him Mark L. Glosser, for appellant.

Harold H. Cramer, Assistant Attorney General, with him Bradley L. Mallory, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Gerald Gornish, Acting Attorney General, for appellee.

Argued November 2, 1978, before Judges WILKINSON, JR., BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE BLATT, December 15, 1978:

This is an appeal by Peter A. McMahon (McMahon) from a decision of the Court of Common Pleas of Allegheny County, sustaining the suspension of McMahon's operator's license by the Pennsylvania Department of Transportation (PennDOT) under Section 624.1(a) of The Vehicle Code (Code),1 which was recently repealed, formerly 75 P.S. § 624.1(a), for refusing to submit to a breathalyzer test.

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