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HERGENROTHER v. COMMONWEALTH

No. 745 C.D. 1978.

45 Pa.Commw. 175 (1979)

Jerome A. Hergenrother, Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

August 20, 1979.

Attorney(s) appearing for the Case

W. Roger Simpson, for appellant.

Harold H. Cramer, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for appellee.

Argued June 7, 1979, before Judges WILKINSON, JR., MENCER and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, August 20, 1979:

Before us in this case is the narrow issue of whether the revocation provisions of Section 616(a)(1) of The Vehicle Code (Act of 1959), Act of April 29, 1959, P.L. 58, as amended, formerly 75 P.S. § 616(a) (1),1 apply to a motor vehicle operator who violated Section 1037 of the Act of 1959 (driving under the influence of intoxicating liquor), formerly 75 P.S. § 1037,

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