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IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

JAMES R. GELET,

: : Respondent : : : v. : : : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : : Petitioner : :

No. 106 WAL 2004

Petition for Allowance of Appeal from the Order of Commonwealth Court entered January 23, 2004 at No. 268CD2003 affirming the Order of the Court of Common Pleas of Allegheny County, Civil Division entered on March 28, 2003 at No. SA 1122-02.

ORDER PER CURIAM AND NOW, this 28th day of December 2004, we GRANT the Petition for Allowance of Appeal and we REVERSE the Order of the Commonwealth Court based on our decision in Siekierda v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, 172 MAP 2002.



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