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BALDINGER v. COM. OF PA. ET AL.

No. 2100 C.D. 1983.

85 Pa.Commw. 610 (1984)

Kenneth D. Baldinger, Petitioner v. Commonwealth of Pennsylvania, H. Arnold Muller, M.D., in his official capacity as Secretary of the Department of Health of the Commonwealth of Pennsylvania et al., Respondents.

Commonwealth Court of Pennsylvania.

October 29, 1984.

Attorney(s) appearing for the Case

Thomas J. Schuchert, with him, Shirley Novak, Thomas Schuchert & Associates, and Martin W. Sheerer, for petitioner.

James J. Kutz, Deputy Attorney General, with him, Christine Dutton, Assistant Counsel, Allen C. Warshaw, Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.

Argued September 13, 1984, before Judges MacPHAIL, COLINS and BLATT, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, October 29, 1984:

Kenneth D. Baldinger (Petitioner) has filed a class action complaint in equity in our original jurisdiction seeking, inter alia, to enjoin Respondents1 from utilizing the Breathalyzer 1000 until Respondents have complied with statutory requirements which would assure the accuracy of that equipment. The action is also brought pursuant...

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