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PENNDOT v. GONZALEZ

No. 463 C.D. 1986.

110 Pa.Commw. 379 (1987)

532 A.2d 533

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Augusto Gonzalez, Appellee.

Commonwealth Court of Pennsylvania.

Submitted on briefs May 21, 1987.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Henry G. Barr, General Counsel, for appellant.

David S. Shrager, for appellee.

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

OPINION BY JUDGE BLATT, October 22, 1987:

The Department of Transportation (DOT) appeals an order of the Court of Common Pleas of Allegheny County (trial court) which sustained the demurrer of Augusto Gonzalez (appellee) to DOT's evidence. The trial court concluded that DOT had offered no proof that the appellee was operating a vehicle so as to enable DOT to suspend his license, pursuant to Section 1547(b...

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