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COM., DEPT. OF TRANSP. v. EMERY

135 Pa.Commw. 274 (1990)

580 A.2d 909

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Benjamin Howard EMERY, Appellee.

Commonwealth Court of Pennsylvania.

Decided September 26, 1990.

Attorney(s) appearing for the Case

William A. Kuhar, Jr., Asst. Counsel, with him, Timothy P. Wile, Asst. Counsel in Charge of Appellate Section, Harold H. Cramer, Asst. Chief Counsel, and John L. Heaton, Chief Counsel, for appellant.

David H. Patterson, Meyer, Darragh, Buckler, Bebenek, Eck & Hall, Pittsburgh, for appellee.

Before SMITH and PELLEGRINI, JJ., and SILVESTRI, Senior Judge.

SMITH, Judge.

Before this Court is an appeal by the Department of Transportation (DOT) from an order of the Court of Common Pleas of Allegheny County, dated December 13, 1989, which permitted Benjamin Howard Emery (Emery) to appeal nunc pro tunc from an indefinite suspension of his operator's license by DOT pursuant to Section 1538(c) of the Vehicle Code, 75 Pa. C.S. § 1538(c) (failure to attend a departmental hearing), and which sustained his appeal of the suspension...

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