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TRACEY SERVICE CO. (02/18/76)

SUPERIOR COURT OF PENNSYLVANIA


decided: February 18, 1976.

TRACEY SERVICE CO., ET AL. APPEALS

Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, Jan. T., 1974, No. 74-00-0430, in case of In Re: January, 1974 Special Investigating Grand Jury. In the matter of Tracey Service Co., Randy General Contracting and Supplies, and Tracey Mechanical Co., Inc.

COUNSEL

Howard Gittis, with him Alan J. Davis, Steven B. King, and Wolf, Block, Schorr and Solis-Cohen, for appellants.

Harry S. Tischler, Assistant Attorney General, with him Lon M. Cobrin, Assistant Attorney General, and Walter M. Phillips, Jr., Deputy Attorney General, for appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Price, J. Van der Voort, J., did not participate in the consideration or decision of this case.

Author: Price

[ 238 Pa. Super. Page 477]

In September, 1975 appellants were subpoenaed by the January, 1974 Philadelphia Special Investigating Grand Jury.*fn1 The subpoena was approved in advance by Judge Bullock, Supervising Judge of the Grand Jury, and was

[ 238 Pa. Super. Page 478]

    issued in connection with an investigation. See In Re Falone, 464 Pa. 42, 346 A.2d 9 (1975) and In Re Martorano, 464 Pa. 66, 346 A.2d 22 (1975).

Motions to quash the subpoenas were filed before Judge Bullock, who, after receiving briefs and hearing arguments, and also obtaining an in camera disclosure of relevant facts from the Assistant Attorney General in charge of the case, denied the motions in their entirety. Judge Bullock further denied the appellants' petition for certification of appeal pursuant to the provisions of the Appellate Court Jurisdiction Act.*fn2 It is from the order denying the motions to quash that this appeal was taken.

This appeal was specially allowed and a supersedeas granted by order of this Court dated October 24, 1975. The allowance of a special appeal and a supersedeas was improvidently granted. The order of the lower court was clearly interlocutory, was not certified by the lower court pursuant to the provisions of the Appellate Court Jurisdiction Act of 1970, and under these circumstances this appeal should have been quashed immediately.*fn3 We have consistently so held and have most recently discussed interlocutory orders in Commonwealth v. Bennett, 236 Pa. Superior Ct. 509, 345 A.2d 754 (1975).

The appeal is hereby quashed.

Disposition

Appeal quashed.


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