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ALPHA AUTO SALES v. DEPT. OF STATE

537 Pa. 353 (1994)

644 A.2d 153

ALPHA AUTO SALES, INC., Appellee, v. DEPARTMENT OF STATE, BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, State Board of Vehicle Manufacturers, Dealers and Salespersons, Appellant.

Supreme Court of Pennsylvania.

Decided June 16, 1994.

Reargument Denied July 22, 1994.

Attorney(s) appearing for the Case

Joseph R. Thomas, Philadelphia, Gerald S. Smith, Harrisburg, for State Bd. of Vehicle Mfrs.

Joyce McKeever, Harrisburg, for State Bureau of Professional and Occupational Affairs.

Pamella J. Raison, Camp Hill, for Dept. of the State.

Stephen A. Moore, Harrisburg, for amicus curiae—Pa. Automotive Ass'n.

Raymond P. Kashimba, Steven F. Potisk, Stroudsburg, for Alpha Auto Sales.

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

OPINION OF THE COURT

PAPADAKOS, Justice.

This is an appeal from an opinion and order of the Commonwealth Court which reversed an order of Appellant, The Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons (the "Board"), which had assessed a $4,500.00 civil penalty against Appellee, Alpha Auto Sales, Inc. ("Alpha"), and had suspended its used car dealer's license for ninety days.

Appellant Board is an administrative...

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