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PENNDOT v. McGRAW

No. 69 C.D. 1984.

101 Pa.Commw. 73 (1986)

515 A.2d 369

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. James McGraw, Appellee.

Commonwealth Court of Pennsylvania.

September 29, 1986.

Attorney(s) appearing for the Case

Michael R. Deckman, Deputy Chief Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Michael D. Foglia, for appellee.

Submitted on briefs March 11, 1986, to Judges MacPHAIL, DOYLE and BARRY, sitting as a panel of three.

OPINION BY JUDGE BARRY, September 29, 1986:

This is an appeal by appellant, Pennsylvania Department of Transportation, Bureau of Traffic Safety (DOT) from an order of the Allegheny County Court of Common Pleas reversing an order by DOT suspending the license of appellee, James McGraw. The trial court order also reinstates appellee's license. We remand.

Appellee was arrested on August 5, 1983, after Pittsburgh police observed him driving his car with no lights...

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