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PENNDOT v. MARION

No. 2755 C.D. 1984.

109 Pa.Commw. 299 (1987)

530 A.2d 1053

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. William Marion, Appellee.

Commonwealth Court of Pennsylvania.

Submitted on briefs December 9, 1986.

Attorney(s) appearing for the Case

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

Michael J. Cantwell, Jr., for appellee.

To Judges CRAIG and DOYLE, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, September 11, 1987:

This is an appeal by the Department of Transportation (DOT) from an order of the Court of Common Pleas of Delaware County (trial court) which sustained the appeal of William Marion (licensee) from a DOT suspension of his operating privileges for a refusal to take a breathalyzer examination.

The trial court found that the licensee was arrested after a police...

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