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PENNDOT v. GRASSO

No. 742 C.D. 1981.

97 Pa.Commw. 262 (1986)

508 A.2d 643

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Gabriel S. Grasso, Appellee.

Commonwealth Court of Pennsylvania.

May 15, 1986.

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.

Timothy E. Finnerty, for appellee.

Submitted on briefs March 13, 1986, to Judges CRAIG and MacPHAIL, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, May 15, 1986:

The Department of Transportation, Bureau of Traffic Safety (DOT), appeals from an order of the Court of Common Pleas of Allegheny County which sustained the appeal of Gabriel S. Grasso (Appellee) to the suspension of Appellee's motor vehicle operator's license. We vacate and remand.

DOT suspended Appellee's driver's license pursuant to Section 1547(b) of the Vehicle Code (Code), 75 Pa. C. S. §1547(b), for his refusal...

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