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DEPT. OF TRANS. v. GALLAGHER

No. 898 C.D. 1983.

84 Pa.Commw. 525 (1984)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Charles A. Gallagher, Appellee.

Commonwealth Court of Pennsylvania.

August 16, 1984.

Attorney(s) appearing for the Case

J. Matthew Wolfe, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Douglas A. Gifford, Clemens, Nulty and Gifford, for appellee.

Submitted on briefs June 6, 1984, to Judges WILLIAMS, JR., BARRY and BLATT, sitting as a panel of three.

OPINION BY JUDGE BARRY, August 16, 1984:

The Pennsylvania Department of Transportation, Bureau of Traffic Safety (DOT), appeals from an order of the Court of Common Pleas of Montgomery County which sustained an appeal by Charles Gallagher dismissing the suspension of his operator's license imposed by DOT.

DOT suspended Mr. Gallagher's driver's license under Section 1539 of The Vehicle Code (Code), 75...

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