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PLOWMAN v. COM., DEPT. OF TRANSP.

535 Pa. 314 (1993)

635 A.2d 124

Janice L. PLOWMAN, Appellee, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Supreme Court of Pennsylvania.

Decided December 14, 1993.

Attorney(s) appearing for the Case

Timothy P. Wile and John L. Heaton, Harrisburg, for PennDot.

Michael A. George, Gettysburg, for J.L. Plowman.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

OPINION

ZAPPALA, Justice.

This matter is before us as a direct appeal from the Order of the Court of Common Pleas of Franklin County holding that Section 13(m) of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-113(m), is unconstitutional.1 Common Pleas Court based its conclusion on its determination that Section 13(m) was promulgated to promote a legitimate state objective but failed to accomplish...

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