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LYNGARKOS v. DEPT. OF TRANS. ET AL.

No. 841 C.D. 1980.

57 Pa.Commw. 121 (1981)

Anthony Lyngarkos, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, et al., Appellees.

Commonwealth Court of Pennsylvania.

February 26, 1981.

Attorney(s) appearing for the Case

Michael T. Joyce, Orton, Nygaard & Dunlavey, Inc., for appellant.

William C. Sennett, Knox, Graham, McLaughlin, Gornall and Sennett, Inc., with him Ritchie T. Marsh, Spaeder & Schaaf, for appellee, Mackay-Swift, Inc.

J. Lawson Johnston, Deputy Attorney General, with him Brian H. Baxter, Deputy Attorney General, for appellee, Department of Transportation.

William George, appellee, for himself.

Argued November 20, 1980, before Judges MENCER, ROGERS and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE ROGERS, February 26, 1981:

Anthony Lyngarkos has appealed from an order of the Court of Common Pleas of Erie County sustaining Mackay-Swift, Inc's (Mackay), a motor vehicle dealership, demurrer to a count of the appellant's complaint in trespass seeking damages from Mackay for the latter's issuance of a temporary motor vehicle registration card and plate without proof that the buyer had insurance.

Lyngarkos alleges that he is a citizen and...

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