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KIMMEL PONTIAC v. BD. OF VEHICLE MFRS.

131 Pa.Commw. 307 (1990)

570 A.2d 127

KIMMEL PONTIAC, INC., Petitioner, v. COMMONWEALTH of Pennsylvania, STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS, Respondent.

Commonwealth Court of Pennsylvania.

Decided February 9, 1990.

Attorney(s) appearing for the Case

David E. Lehman, with him, Stephen A. Moore, McNees, Wallace & Nurick, for petitioner.

April L. McClaine, Counsel, State Bd. of Vehicle Mfrs., Dealers and Salespersons, with her, Joyce McKeever, Chief Counsel, and Judith Pachter Schulder, Asst. Counsel, Bureau of Professional and Occupational Affairs, and Velma A. Boozer, Chief Counsel, Dept. of State, for respondent.

James A. Mollica, Jr., Meyer, Darragh, Buckler, Bebenek, Eck & Hall, William J. Whalen, of counsel, for intervenor, General Motors Corp.

Matthew B. Taladay, Robert M. Hanak, P.C., for intervenor, Bob Stultz Pontiac, Inc.

Margaret M. Stuski, Staff Atty., for amicus curiae, Pennsylvania Automotive Ass'n.

Before CRAIG and BARRY, JJ., and BARBIERI, Senior Judge.

OPINION

BARRY, Judge.

Kimmel Pontiac, Inc. (Kimmel) appeals an order of the State Board of Vehicle Manufacturers, Dealers and Salespersons (Board) which refused to consider an application for reconsideration filed by Kimmel.

Pursuant to the Board of Vehicles Act, (Act), Act of December 22, 1983, P.L. 306, as amended, 63 P.S. §§ 818.1 —818.28 (Supp.1989-90), the Pontiac Division of the General

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