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BUREAU OF TRAFFIC SAFETY v. WEAVER

No. 2736 C.D. 1978.

51 Pa.Commw. 70 (1980)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Harry Robert Weaver, Jr., Appellee.

Commonwealth Court of Pennsylvania.

April 28, 1980.

Attorney(s) appearing for the Case

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

William A. Degillio, for appellee.

Argued February 7, 1980, before Judges BLATT, MacPHAIL and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE BLATT, April 28, 1980:

The Department of Transportation, Bureau of Traffic Safety (Bureau), appeals here from an order of the Court of Common Pleas of Luzerne County which overturned the Bureau's suspension of the operator's license of Harry Robert Weaver. We need not recount the factual background of this matter, for we believe that the failure of the operator to file a timely appeal from the suspension notice is dispositive.

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