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COM. v. NEAL

493 Pa. 335 (1981)

426 A.2d 576

COMMONWEALTH of Pennsylvania, v. Richard NEAL, Appellant.

Supreme Court of Pennsylvania.

Decided March 13, 1981.

Reargument Denied May 11, 1981.

Attorney(s) appearing for the Case

John W. Packel, Assistant Public Defender, Chief, Appeals Div., Jeffrey Shender, Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Div., Steven Cooperstein, Philadelphia, for appellee.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

ORDER

PER CURIAM.

Mr. Justice NIX, Mr. Justice LARSEN, and Mr. Justice KAUFFMAN would dismiss the appeal as improvidently granted.

Mr. Chief Justice O'BRIEN, Mr. Justice ROBERTS, and Mr. Justice FLAHERTY would reverse the order of the Superior Court. The order of the Superior Court, therefore, is not disturbed.

Mr. Justice ROBERTS filed an Opinion in Support of Reversal in which Mr. Chief Justice O'BRIEN and Mr. Justice FLAHERTY join.

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