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BUREAU OF TRAFFIC SAFETY v. EICHHORN

No. 2581 C.D. 1980.

73 Pa.Commw. 425 (1983)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Christian J. Eichhorn, Appellee.

Commonwealth Court of Pennsylvania.

April 14, 1983.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him Ward T. Williams, Chief Counsel and Jay C. Waldman, General Counsel, for appellant.

Bradford J. Harris, Zimmerman, Pfannebecker & Nuffort, for appellee.

Submitted on briefs January 31, 1983, to Judges BLATT, MacPHAIL and DOYLE, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, April 14, 1983:

This is an appeal by the Department of Transportation, Bureau of Traffic Safety (DOT), from an order of the Court of Common Pleas of Lancaster County which sustained a demurrer to DOT's evidence in the appeal of Mr. Eichhorn from a five year revocation of his operating privileges as a habitual offender pursuant to the provisions of Section 1542(a) of the Vehicle Code (Code), 75 Pa. C.S. § 1542(a).1...

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