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COMMONWEALTH v. STAMOOLIS

Appeal, No. 92 C.D. 1971.

6 Pa.Commw. 617 (1972)

Commonwealth v. Stamoolis.

Commonwealth Court of Pennsylvania.

December 5, 1972.

Attorney(s) appearing for the Case

Stuart A. Liner, 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.

G. Daniel Carney, with him Thorp, Reed & Armstrong, for appellee.

Argued November 2, 1972, before Judges KRAMER, ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, December 5, 1972:

This is an appeal by the Department of Transportation (Department) from a decision of the Court of Common Pleas of Erie County restoring motor vehicle operating privileges to Gus Stamoolis (licensee). We believe that this decision of the court below should be affirmed.

The facts, as found by the court below, are that the licensee was operating his automobile on a winding and unfamiliar road at approximately 1:00 a...

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