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DEPT. OF TRANSPORTATION v. BERNSTEIN

Appeal, No. 338 C.D. 1971.

3 Pa.Commw. 532 (1971)

Department of Transportation v. Bernstein.

Commonwealth Court of Pennsylvania.

December 13, 1971.

Attorney(s) appearing for the Case

David A. Johnston, Jr., Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellant.

No appearance for appellee.

Argued November 10, 1971, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, December 13, 1971:

This is an appeal by the Commonwealth from the decision of the Court of Common Pleas of Allegheny County which restored appellee's operator's license. The license had been suspended by the Secretary of Transportation because, by the Secretary's computation, on being convicted on September 30, 1970, and thereby being assessed six points, the appellee had accumulated 12 points. The lower court properly found appellee to...

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