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BUREAU OF TRAFFIC SAFETY v. CHUTZ

No. 503 C.D. 1973.

11 Pa.Commw. 328 (1973)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant, v. Leonard E. Chutz, Appellee.

Commonwealth Court of Pennsylvania.

December 31, 1973.

Attorney(s) appearing for the Case

John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

Michael M. Mamula, for appellee.

Argued December 6, 1973, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, December 31, 1973:

Appellee's operating privileges were suspended by the Secretary of Transportation for a period of two months as a result of his conviction on April 17, 1972, of violating Section 1002(b) (8) of The Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. § 1002(b) (8), which provides:

"(8) The Secretary of Highways [now Transportation] may...

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