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PennDOT v. MONTGOMERY

No. 1117 C.D. 1986.

113 Pa.Commw. 421 (1988)

537 A.2d 111

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Harold Montgomery, Appellee.

Commonwealth Court of Pennsylvania.

February 12, 1988.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, for appellant.

Steven M. Janove, with him, Ronald F. Kidd, Duane, Morris & Heckscher, for appellee.

Argued December 18, 1987, before Judges DOYLE, PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, February 12, 1988:

The Department of Transportation, Bureau of Driver Licensing (DOT), appeals from an order of the Court of Common Pleas of Montgomery County which sustained the appeal of Harold Montgomery (appellee) from the suspension of his operating privileges. We reverse the order of the court of common pleas and reinstate the suspension of appellee's operating privileges.

On October 28, 1984, police officer Joseph Conover...

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