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PennDOT v. EMORY

No. 3457 C.D. 1983.

91 Pa.Commw. 580 (1985)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Randal William Emory, Appellee.

Commonwealth Court of Pennsylvania.

September 11, 1985.

Attorney(s) appearing for the Case

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

Jill A. McCracken, for appellee.

Submitted on briefs July 10, 1985, to Judges MacPHAIL, DOYLE and BARRY, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, September 11, 1985:

The Department of Transportation (DOT) appeals here from a decision of the Court of Common Pleas of Franklin County which ordered the reinstatement of Randal W. Emory's (Appellee) operator's license.1

The trial court found2 that Appellee was driving a vehicle which was involved in a one-car accident. Appellee lost consciousness and was taken to a hospital...

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