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STACK v. COM., DEPT. OF TRANSP.

166 Pa.Commw. 703 (1994)

647 A.2d 958

Richard J. STACK v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Bureau of Driver Licensing, Appellant.

Commonwealth Court of Pennsylvania.

Decided August 19, 1994.

Reargument Denied October 25, 1994.

Attorney(s) appearing for the Case

Timothy P. Wile, Asst. Counsel In-Charge Appellate Section, for appellant.

Jay Paul Kahle, for appellee.

Before CRAIG, President Judge, and NEWMAN, J., and DELLA PORTA, Senior Judge.

NEWMAN, Judge.

The Pennsylvania Department of Transportation, Bureau of Driver Licensing (DOT) appeals an order of the Court of Common Pleas of McKean County (trial court) which sustained the appeal of Richard J. Stack (Stack) from a one-year suspension of operating privileges imposed by DOT pursuant to the Implied Consent Law, Section 1547 of the Vehicle Code (Code), as amended, 75 Pa.C.S. § 1547. We reverse the order of the trial court.

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