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BUREAU OF TRAFFIC SAFETY v. MICHALEC

No. 1781 C.D. 1978.

52 Pa.Commw. 89 (1980)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Gary Allen Michalec, Appellee.

Commonwealth Court of Pennsylvania.

June 6, 1980.

Attorney(s) appearing for the Case

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

No appearance for appellee.

Argued May 7, 1980, before Judges WILKINSON, JR., CRAIG and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., June 6, 1980:

This is an appeal by the Pennsylvania Department of Transportation (Department) from an order of the Court of Common Pleas of Allegheny County sustaining the appeal of Gary Allen Michalec from the suspension of his motor vehicle operating privileges. The Department had suspended Michalec's license for his refusal to submit to a test to determine the alcoholic content of his blood.1

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