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KRUTH v. COM., DEPT. OF TRANSP.

856 A.2d 901 (2004)

Timothy KRUTH v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided August 26, 2004.

Attorney(s) appearing for the Case

Terrance M. Edwards and Timothy P. Wile, Asst. Counsel In-Charge, Harrisburg, for appellant.

Carl Marcus, Pittsburgh, for appellee.

BEFORE: McGINLEY, Judge, and LEADBETTER, Judge, and KELLEY, Senior Judge.

OPINION BY Judge McGINLEY.

Our Pennsylvania Supreme Court has remanded this controversy for reconsideration in light of the decision in McKinley v. Department of Transportation, Bureau of Driver Licensing, 576 Pa. 85, 838 A.2d 700 (2003) (McKinley IV).

In McKinley, Corporal Laurence Miller (Cpl.Miller) of the Harrisburg International Airport (HIA) Police observed a black Ford sport utility vehicle driven...

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