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IN RE APPEAL OF STOBER

No. 1455 C.D. 1984.

119 Pa.Commw. 156 (1988)

546 A.2d 155

In Re: The Appeal of Willie D. Stober From the Decision of The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety Operations, Recalling His School Bus Operator's Certificate. Willie D. Stober, Appellant.

Commonwealth Court of Pennsylvania.

August 24, 1988.

Attorney(s) appearing for the Case

Robert W. Hallinger, Barley, Snyder, Cooper & Barber, for appellant.

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

Argued November 20, 1986, before Judges CRAIG, DOYLE and COLINS, sitting as a panel of three. Reargued February 24, 1988, before President Judge CRUMLISH, JR., and Judges DOYLE, BARRY, COLINS, PALLADINO, McGINLEY and SMITH.

OPINION BY JUDGE BARRY, August 24, 1988:

In In Re: Appeal of Stober, Pa. Commonwealth Ct. (slip opinion), 524 A.2d 535 (1987), a panel of this Court held that Section 504 of the Federal Rehabilitation Act of 1973, 29 U.S.C. §794, and Strathie v. Department of Transportation, 716 F.2d 227 (3rd Cir. 1983) could form the basis for invalidating a Department of Transportation (DOT) regulation requiring the recall of...

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