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PENNDOT v. KENNEDY

No. 1307 C.D. 1985.

105 Pa.Commw. 588 (1987)

525 A.2d 31

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. James E. Kennedy, Appellee.

Commonwealth Court of Pennsylvania.

Submitted on briefs March 23, 1987.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Henry G. Barr, General Counsel, for appellant.

James E. Kennedy, Reale, Fossee & Ferry, P.C., for appellee.

To Judges CRAIG and DOYLE, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE DOYLE, May 4, 1987:

The Department of Transportation, Bureau of Driver Licensing (Department) appeals from an order of the Court of Common Pleas of Allegheny County, which reversed the Department's decision to suspend James E. Kennedy's driver's license for one year pursuant to Section 1547(b) of the Vehicle Code (Code), 75 Pa. C.S. §1547(b), because he refused to submit to a breathalyzer test. We affirm.

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