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PEKAR MOTOR VEH. OP. LICENSE CASE

218 Pa.Super. 307 (1971)

Pekar Motor Vehicle Operator License Case.

Superior Court of Pennsylvania.

June 22, 1971.

Attorney(s) appearing for the Case

Anthony J. Maiorana, Assistant Attorney General, Elmer T. Bolla, Deputy Attorney General, and J. Shane Creamer, Attorney General, for Commonwealth, appellant.

No oral argument was made nor brief submitted for appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION PER CURIAM, June 22, 1971:

In this case appellee's license was suspended for refusal to take the breathalyzer test provided for in § 624.1(a) of The Vehicle Code of April 29, 1959, P.L. 58, as amended, 75 P.S. § 624.1(a). After a hearing on appeal, the court below found as a fact that the appellee did not refuse to take the test and set aside the suspension. The lower court's finding is supported by competent evidence and we will not disturb it....

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