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PennDOT v. MILLER

No. 3544 C.D. 1983.

89 Pa.Commw. 232 (1985)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Elmer D. Miller, Appellee.

Commonwealth Court of Pennsylvania.

May 13, 1985.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

John R. DeAngelis, for appellee.

Submitted on briefs January 31, 1985, to Judges MacPHAIL, BARRY and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, May 13, 1985:

The Department of Transportation, Bureau of Traffic Safety (DOT) appeals here from an order of the Court of Common Pleas of Allegheny County which sustained Elmer D. Miller's appeal from the recall by DOT of his school bus operator's certificate.

This case was heard de novo before the trial court. Our scope of review is to determine whether the trial court's findings of fact are supported by competent evidence, whether...

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