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COM., DEPT. OF TRANSP. v. FUNDENBERG

127 Pa.Commw. 180 (1989)

561 A.2d 84

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. E.H. FUNDENBERG, Appellee.

Commonwealth Court of Pennsylvania.

Decided July 21, 1989.

Attorney(s) appearing for the Case

Donald H. Poorman, Asst. Counsel, Philadelphia, and Harold H. Cramer, Asst. Chief Counsel, John L. Heaton, Chief Counsel, Harrisburg, for appellant.

E.H. Fundenberg, a/k/a Earl H. Fundenberg, Philadelphia, pro se.

Before CRUMLISH, Jr., President Judge, and COLINS, J., and NARICK, Senior Judge.

COLINS, Judge.

The Commonwealth of Pennsylvania, Department of Transportation (Department) appeals an order of the Court of Common Pleas of Philadelphia County which sustained E.H. Fundenberg's (appellee) appeal of his 120-day license suspension, pursuant to Section 1539(a) and (b) of the Vehicle Code (Code), 75 Pa.C.S. § 1539(a) and (b). We reverse.

On September 18, 1984, the appellee was convicted pursuant to Section 3112 of the Code, 75 Pa.C.S. §...

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