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McKELVY v. COM., DEPT. OF TRANSP.

814 A.2d 843 (2003)

Samuel McKELVY v. COMMONWEALTH of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant.

Commonwealth Court of Pennsylvania.

Decided January 7, 2003.

Attorney(s) appearing for the Case

Terrance M. Edwards and Timothy P. Wile, Asst. Counsel In-Charge, Harrisburg, for appellant.

Paul L. Hammer, Pittsburgh, for appellee.

BEFORE: COLINS, President Judge, SMITH-RIBNER, Judge, FLAHERTY, Senior Judge.

OPINION BY Senior Judge FLAHERTY.

The Department of Transportation, Bureau of Driver Licensing (Department), appeals from an order of the Court of Common Pleas of Allegheny County (trial court) which sustained the statutory appeal of Samuel McKelvy (McKelvy) from an indefinite recall of his operating privileges imposed by the Department pursuant to 75 Pa.C.S. § 1519(c) based on his incompetency to drive. We affirm.

On October 4, 2001, Department informed...

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