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PENNDOT v. FARNER

No. 1129 C.D. 1984.

90 Pa.Commw. 201 (1985)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Bradley A. Farner, Appellee.

Commonwealth Court of Pennsylvania.

July 22, 1985.

Attorney(s) appearing for the Case

Lawrence R. Wieder, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

P. Richard Wagner, for appellee.

Submitted on briefs May 6, 1985, to Judges CRAIG and DOYLE and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, July 22, 1985:

This appeal by the Pennsylvania Department of Transportation, Bureau of Traffic Safety (DOT), from a decision of the Court of Common Pleas of Cumberland County which reversed a vehicle operator's license suspension imposed for refusal to take a chemical test for alcohol, presents a legal question of statutory interpretation. The question is one of first impression because it involves the meaning and effect of the 1982 amendment...

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