Kenneth D. Baldinger, Petitioner
v.
The Commonwealth of Pennsylvania et al., Respondents.
Commonwealth Court of Pennsylvania.https://leagle.com/images/logo.png
Heard September 24, 1985.
May 19, 1986.
Attorney(s) appearing for the Case
Thomas J. Schuchert, with him, Martin W. Sheerer and Shirley Novak, for petitioner.
James J. Kutz, Senior Deputy Attorney General, with him, Andrew S. Gordon, and Allen C. Warshaw, Deputy Attorneys General, and LeRoy S. Zimmerman, Attorney General, for respondent, Commonwealth of Pennsylvania.
Christine Dutton, Assistant Counsel, for respondent, Department of Health.
Harold Cramer, Assistant Counsel, with him, Michael J. McCaney, Assistant Counsel, and Spencer A. Manthorpe, Chief Counsel, for respondent, Department of Transportation.
John A. Mihalik, Hummel, James & Mihalik, for respondent, Larry Smith, Chief of Police of Bloomsburg.
Heard September 24, 25, 26 and 27, 1985, before Judge PALLADINO.
Commonwealth Court of Pennsylvania.
OPINION BY JUDGE PALLADINO, May 19, 1986:
INTRODUCTION
This matter comes before the Court following four days of trial on the merits.1 The issue presented is whether the Commonwealth of Pennsylvania shall be permanently enjoined from using the Smith and Wesson Breathalyzer 1000 for evidentiary purposes in any criminal or civil proceeding and from listing it as an approved evidential breath tester. This Petition for Review was...
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