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COMMONWEALTH EX REL. NICHOLS v. LEDERER. (06/26/61)

June 26, 1961

COMMONWEALTH EX REL. NICHOLS, APPELLANT,
v.
LEDERER.



Appeal, No. 275, Jan. T., 1961, from order of Superior Court, Oct. T., 1960, No. 118, quashing appeal from order of Court of Common Pleas No. 4 of Philadelphia County, June T., 1959, No. 2831, in case of Commonwealth ex rel. D. Ward Nichols v. Francis J. Lederer, Philadelphia County Detectives. Order affirmed.

COUNSEL

Samuel Dash, for appellant.

Arlen Specter, Assistant District Attorney, with him Charles L. Durham and Thomas M. Reed, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and James M. Crumlish, Jr., District Attorney, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

[ 404 Pa. Page 219]

OPINION PER CURIAM.

The order of the Superior Court is affirmed on the opinion of Judge MONTGOMERY, reported at 193 Pa. Superior Ct. 482, 165 A.2d 711 (1960).

Mr. Justice MUSMANNO dissents.

19610626

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