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COMMONWEALTH PENNSYLVANIA v. WALKER PONTIAC (12/27/79)

decided: December 27, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
WALKER PONTIAC, INC. AND CHARLES E. WALKER, JR., APPELLANTS



No. 207 March Term, 1978, Appeal from the Order of the Commonwealth Court of Pennsylvania of September 18, 1978 at No. 428 C.D. 1977, affirming the Order of the Court of Common Pleas of Allegheny County, Civil Division at No. SA 1578 of 1976

COUNSEL

D. Michael Fisher, Pittsburgh, for appellants.

Harold H. Cramer, Asst. Atty. Gen., Harrisburg, for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino, Larsen and Flaherty, JJ. Manderino, J., did not participate in the decision of this case. Nix, J., filed an Opinion in Support of Affirmance in which Eagen, C. J., and Roberts, J., joined. Larsen, J., filed and adopted an Opinion in Support of Reversal written by Manderino, J., prior to his death, in which O'Brien and Flaherty, JJ., joined.

Author: Per Curiam

[ 488 Pa. Page 577]

ORDER

The Court being equally divided, the order of the Commonwealth Court affirming the order of the Court of Common Pleas of Allegheny County is affirmed.

Opinion IN SUPPORT OF AFFIRMANCE

NIX, Justice.

This is an appeal from the order of the Court of Common Pleas affirming the three-month suspension by the Department of Transportation of appellant's privilege to operate an Official Inspection Station. The Commonwealth Court affirmed the suspension, 37 Pa. Commw. 614, 391 A.2d 53 (1978), and we granted allocatur.

The Court of Common Pleas and the Commonwealth Court both found, as matters of law and fact, that appellant

[ 488 Pa. Page 578]

    had failed to bring himself*fn1 within the meaning of the proviso to § 819(b) of the Motor Vehicle Code of 1959, Act of April 29, 1959, P.L. 58, § 819(b), as amended, 75 P.S. § 819(b) (1977-78 ...


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