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PIERCY v. HEYISON

No. 76-2635.

565 F.2d 854 (1977)

Kathleen L. PIERCY, Appellant, v. Seymore G. HEYISON, Individually and as Director of the Bureau of Traffic Safety for the Pennsylvania Department of Transportation, and James B. Wilson, Individually and as Secretary of the Pennsylvania Department of Transportation.

United States Court of Appeals, Third Circuit.

Decided November 4, 1977.

Attorney(s) appearing for the Case

Charles A. Bierbach, Philadelphia, Pa., for appellant.

John L. Heaton, Asst. Atty. Gen., Com. of Pennsylvania, Dept. of Transportation, Harrisburg, Pa., for appellees.

Before SEITZ, Chief Judge, and GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

In this appeal from an order granting summary judgment to the defendants, we consider, hopefully for the last time, the powers of a single district judge to pass upon a constitutional challenge to a state statute without convening a three-judge district court. Appellant contends that section 1413 of the Pennsylvania Vehicle Code, Pa.Stat.Ann. tit. 75, § 1413 (Purdon),1 violates...

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