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BUREAU OF TRAFFIC SAFETY v. BUSH

No. 1571 C.D. 1975.

25 Pa.Commw. 416 (1976)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Jay L. Bush, Appellee.

Commonwealth Court of Pennsylvania.

July 7, 1976.

Attorney(s) appearing for the Case

John L. Heaton, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

No appearance for appellee.

Argued April 8, 1976, before Judges KRAMER, WILKINSON, JR., and BLATT, sitting as a panel of three.

OPINION BY JUDGE KRAMER, July 7, 1976:

This is an appeal by the Department of Transportation, Bureau of Traffic Safety from an order of the Court of Common Pleas of Chester County, dated October 2, 1975, which sustained the appeal of Jay L. Bush. The Secretary of Transportation had revoked Bush's operating privileges for a period of one year. The only issue is whether the trial court erred in failing to dismiss the appeal on the basis of Section 616(a)(4) of The Vehicle...

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