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COMMONWEALTH v. MISLIVETS

No. 832 C.D. 1973.

12 Pa.Commw. 59 (1974)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant, v. Thomas J. Mislivets, Appellee.

Commonwealth Court of Pennsylvania.

February 7, 1974.

Attorney(s) appearing for the Case

John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

Thomas J. Mislivets, appellee, for himself.

Argued January 10, 1974, before Judges KRAMER, WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, February 7, 1974:

This case is controlled by our recent decision in Bureau of Traffic Safety v. Thomas, 9 Pa.Commw. 474, 308 A.2d 165 (1973), handed down July 24, 1973 and, therefore, not available to the lower court when this case was decided on May 29, 1973. We must reverse.

On August 14, 1972, appellee was arrested by a member of the Pennsylvania State Police on Interstate 81 for...

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