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BUREAU OF TRAFFIC SAFETY v. BYRD

No. 1817 C.D. 1977.

41 Pa.Commw. 38 (1979)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Elroy Byrd, Appellee.

Commonwealth Court of Pennsylvania.

March 2, 1979.

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.

Alexander Ogle, with him Ogle, Metz & Policicchio, for appellee.

Argued September 14, 1978, before Judges CRUMLISH, JR., ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, March 2, 1979:

Can the holder of a school bus driver's license, who had previously suffered a myocardial infarction, but who has now been found to be "fully recovered" and physically competent upon medical examination, nevertheless have his school bus operator's certificate suspended by the Bureau of Traffic Safety of the Department of Transportation solely on the basis of a departmental...

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