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ZERBY v. DEPARTMENT OF TRANSPORTATION

464 Pa. 421 (1975)

346 A.2d 914

Christine Ann ZERBY, Appellant, v. DEPARTMENT OF TRANSPORTATION, Commonwealth of Pennsylvania, and Department of Justice, Commonwealth of Pennsylvania, Appellees.

Supreme Court of Pennsylvania.

Decided October 3, 1975.

Rehearing Denied November 25, 1975.

Attorney(s) appearing for the Case

Seymour Kanter, Jerome S. Sloan, Kanter, Bernstein & Miller, Philadelphia, for appellant.

Stuart J. Moskovitz, Dept. of Transp., Harrisburg, Edward R. Casey, Asst. Atty. Gen., Robert W. Cunliffe, Deputy Atty. Gen., Israel Packel, Atty. Gen., for appellee, Dept. of Transportation, Commonwealth of Pennsylvania.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

PER CURIAM:

Order of Commonwealth Court affirmed. See Brown v. Commonwealth, 453 Pa. 566, 305 A.2d 868 (1973); see also Biello v. Pa. Liquor Control Bd., 454 Pa. 179, 301 A.2d 849 (1973).

ROBERTS, J., filed a dissenting opinion.

MANDERINO, J., filed a dissenting opinion.

NIX, J., dissents.

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