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CORRY v. COM. OF PENNSYLVANIA

No. 2236 C.D. 1978.

59 Pa.Commw. 324 (1981)

James P. Corry, Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

May 28, 1981.

Attorney(s) appearing for the Case

Lawrence J. Hracho, Calvin Lieberman & Associates, for appellant.

Francis P. Bach, Assistant Attorney General, with him Harold H. Cramer, Assistant Attorney General, Ward T. Williams, Chief Counsel of Transportation, and Edward G. Biester, Jr., Attorney General, for appellee.

Submitted on briefs, April 9, 1981, to President Judge CRUMLISH and Judges ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE ROGERS, May 28, 1981:

James P. Corry has appealed from an order of the Court of Common Pleas of Berks County affirming the suspension of his motor vehicle operator's license by the Department of Transportation for his refusal to submit to a breathalyzer test. See Section 1547(b) of the Vehicle Code, 75 Pa. C.S. § 1547(b). We affirm.

In the late evening of May 2, 1978, Officer...

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