In Re Appeal of Stober

Opinion by

Judge Barry,

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 a school bus drivers license who had suffered a myocardial infarction. We remanded to the trial court for factual findings on whether (1) there was an appreciable risk that Mr. Stober could not secure…