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COMMONWEALTH v. GALLAGHER

Appeal, No. 16 C.D. 1971.

3 Pa.Commw. 371 (1971)

Commonwealth v. Gallagher.

Commonwealth Court of Pennsylvania.

November 9, 1971.

Attorney(s) appearing for the Case

Anthony J. Maiorana, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellant.

Robert E.J. Curran, with him Stephen A. McBride, Kassab, Cherry, Curran & Archbold, for appellee.

Argued September 14, 1971, before Judges MANDERINO, MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, November 9, 1971:

The Commonwealth has appealed from an order of the Court of Common Pleas of Delaware County sustaining the appeal of Daniel A. Gallagher from the suspension by the Secretary of Revenue of his license to operate a motor vehicle. The Secretary's action was grounded on Gallagher's refusal, upon his arrest for operating a motor vehicle while under the influence of intoxicating liquor, of a request of police officers that he submit...

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