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COM. v. DUFFY

539 Pa. 141 (1994)

650 A.2d 870

COMMONWEALTH of Pennsylvania v. David DUFFY, Appellant.

Supreme Court of Pennsylvania.

Decided November 22, 1994.

Attorney(s) appearing for the Case

William H. Difenderfer, Alisa N. Carr, Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Sandra Preuhs, Asst. Dist. Atty., for appellee.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

Prior report: 430 Pa.Super. 645, 630 A.2d 460.

ORDER

PER CURIAM:

Appeal dismissed as having been improvidently granted.

CAPPY, J., files a dissenting opinion in which Castille, J., joins.

MONTEMURO, J., is sitting by designation.

CAPPY, Justice, dissenting.

I must respectfully dissent to the majority's decision to dismiss the instant cases as improvidently granted. It...

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