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PennDOT v. SHAIN

No. 2712 C.D. 1986.

114 Pa.Commw. 360 (1988)

538 A.2d 994

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Edward D. Shain, Appellee.

Commonwealth Court of Pennsylvania.

March 11, 1988.

Attorney(s) appearing for the Case

Donald H. Poorman, Assistant Counsel, with him, Harold H. Cramer, Assistant Counsel, Kenneth E. Kendell, Assistant Counsel, Spencer A. Manthorpe, Assistant Chief Counsel, John L. Heaton, Chief Counsel, for appellant.

Robert L. Moore, for appellee.

Submitted on briefs December 14, 1987, to Judges MacPHAIL, BARRY, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY SENIOR JUDGE NARICK, March 11, 1988:

This is an appeal by the Commonwealth of Pennsylvania, Department of Transportation (Department) from an order of the Court of Common Pleas of Berks County which reversed the Department's recall of the operating privileges of Edward D. Shain (Appellee).1 We reverse.

On April 30, 1986, the Department notified Appellee that...

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