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PENNDOT v. McDONALD

No. 1413 C.D. 1984.

95 Pa.Commw. 117 (1986)

504 A.2d 430

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Thomas McDonald, Appellee.

Commonwealth Court of Pennsylvania.

February 11, 1986.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

No appearance for appellee.

Submitted on briefs December 17, 1985, to Judges MacPHAIL, DOYLE and BARRY, sitting as a panel of three.

OPINION BY JUDGE DOYLE, February 11, 1986:

This is an appeal by the Pennsylvania Department of Transportation (DOT) from an order of the Court of Common Pleas of Philadelphia County reversing a DOT action suspending the operating privileges of Thomas F. McDonald (Licensee) for refusal to submit to a breathalizer examination pursuant to Section 1547 of the Vehicle Code, 75 Pa. C. S. §1547.

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