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BYRNES v. CALDWELL

542 Pa. 111 (1995)

665 A.2d 1160

Kathleen M. BYRNES, Appellee, v. Harry D. CALDWELL, Appellant.

Supreme Court of Pennsylvania.

Decided October 10, 1995.

Attorney(s) appearing for the Case

Francis Recchuiti, Morristown, for H. Caldwell.

Peter E. Moore, Morristown, for K. Byrnes.

Albert J. Momjian, Philadelphia, PA, Amicus.

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

ORDER

PER CURIAM.

The Order of the Superior Court is reversed. See Curtis v. Kline, No. 6 Eastern District Appeal Docket 1994, ___ Pa. ___, 666 A.2d 265 (1995).

MONTEMURO*, J., joined by CAPPY, J., dissents based on his Dissenting Opinion in Curtis v. Kline, noting in addition "we are cognizant of the issue of retroactivity, but because the majority has declared the...

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