DEPT. OF TRANSPORTATION v. KAUFMAN

Appeal, No. 514 C.D. 1971.

3 Pa.Commw. 605 (1971)

Department of Transportation v. Kaufman.

Commonwealth Court of Pennsylvania.

December 16, 1971.


Attorney(s) appearing for the Case

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

Mark D. Prather, for appellee

Submitted on briefs November 10, 1971, to Judges WILKINSON, JR., MENCER, and ROGERS, sitting as a panel of three.


OPINION BY JUDGE ROGERS, December 16, 1971:

The Commonwealth has appealed from an order of the Court of Common Pleas of Crawford County sustaining the appeal of Daniel F. Kaufman from the action of Secretary of the Department of Transportation suspending his operator's license.

The court below sustained the appeal because it concluded that the Secretary committed an abuse of discretion in ordering a suspension based upon a conviction which had occurred more...

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