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COM., DEPT. OF TRANSP. v. SMITH

145 Pa.Commw. 164 (1992)

602 A.2d 499

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Samuel SMITH, Appellee.

Commonwealth Court of Pennsylvania.

Decided January 23, 1992.

Attorney(s) appearing for the Case

Timothy P. Wile, Asst. Counsel in Charge of Appellate Section, for appellant.

Andrew F. Schneider, for appellee.

Before PELLEGRINI, and BYER, JJ., and BARBIERI, Senior Judge.

BYER, Judge.

The Pennsylvania Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Bucks County which ordered DOT to reimburse appellee Samuel Smith $650.00 in counsel fees and costs he incurred in appealing what DOT conceded to be the erroneous revocation of Smith's driver's license. Although we understand completely what motivated the trial court to impose this sanction and for that reason might be tempted to affirm, we must conclude...

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