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COM. v. LOMAX

547 Pa. 354 (1997)

690 A.2d 233

COMMONWEALTH of Pennsylvania, Appellant, v. Joseph LOMAX, Jr.

Supreme Court of Pennsylvania.

Decided March 20, 1997.

Attorney(s) appearing for the Case

Joseph P. Conti, Anthony R. Himes, Christian A. Trabold, Erie, for Commonwealth.

Joseph P. Burt, Erie, for Joseph Lomax, Jr.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

Prior report: 451 Pa.Super. 598, 678 A.2d 830.

ORDER

PER CURIAM:

Appeal dismissed as having been improvidently granted.

CASTILLE and NEWMAN, JJ., dissent and would reach the merits...

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