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LECKENBY v. COM., DEPT. OF TRANSP.

160 Pa.Commw. 26 (1993)

634 A.2d 670

Gary T. LECKENBY, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING.

Commonwealth Court of Pennsylvania.

Decided September 2, 1993.

Publication Ordered December 1, 1993.

Attorney(s) appearing for the Case

Mark R. Alberts, for appellant.

Timothy P. Wile, Asst. Counsel In-Charge, Appellate Section, for appellee.

Before CRAIG, President Judge, and PALLADINO, J., and KELTON, Senior Judge.

KELTON, Senior Judge.

Gary T. Leckenby (Leckenby) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) dismissing Leckenby's appeal from an order of the Department of Transportation (DOT) suspending his operating privilege because of an alleged refusal to submit to chemical testing of his blood pursuant to Section 1547(b)(1) of the Vehicle Code (Code), 75 Pa.C.S. § 1547(b)(1). Because we conclude as a matter of law that the police...

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