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McKAY v. HEYISON

No. 79-1315.

614 F.2d 899 (1980)

McKAY, Joyce Lynn, Individually and on behalf of all others similarly situated, and Wall, Alice D., Individually and on behalf of all others similarly situated, Dougherty, Michael (Proposed Intervenor in D. C.), Appellant, v. HEYISON, Seymore G., Individually and in his official capacity as Director of the Bureau of Traffic Safety for the Pennsylvania Department of Transportation, and Pulakos, George, Individually and in his official capacity as Acting Secretary of Transportation of the Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided February 4, 1980.

Attorney(s) appearing for the Case

Lawrence H. Rudnick, Legal Aid of Chester County, Inc., West Chester, Pa., for appellant.

Mark N. Cohen (Argued), Asst. Atty. Gen., Michael von Moschzisker, Deputy Atty. Gen., Edward G. Biester, Jr., Atty. Gen., Dept. of Justice, Philadelphia, Pa., for appellees.

Before GIBBONS, HIGGINBOTHAM, Circuit Judges, ZIEGLER, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This case is an appeal from a denial by the district court of the appellant's motion to intervene below and from a denial of class certification. Both the original plaintiffs in this case and the appellant challenged the procedure by which the Commonwealth of Pennsylvania withdraws the operating privileges of licensed drivers with certain disabilities. The district court simultaneously denied...

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