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WILLIAM DE RUGERIIS v. STEPHEN BRENER (02/28/77)

decided: February 28, 1977.

WILLIAM DE RUGERIIS, JR., A MINOR, BY HIS PARENTS AND NATURAL GUARDIANS, ET AL., APPELLEES,
v.
STEPHEN BRENER, APPELLANT



COUNSEL

High, Swartz, Roberts & Seidel, Raymond M. Seidel, Norristown, for appellant.

William DeRugeriis, Jr., pro se.

Robert S. Lucarini, Philadelphia, for appellees.

Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Roberts, J., filed a concurring opinion. Jones, C. J., took no part in the consideration or decision in this case.

Author: Per Curiam

[ 471 Pa. Page 104]

OPINION OF THE COURT

The appeal in this case from an order of the Superior Court was improvidently allowed since the petition for allowance of appeal was untimely filed. See Act of July 31, 1970, P.L. 673, Article V, § 502, 17 P.S. § 211.502. The appeal is therefore dismissed.

ROBERTS, Justice, concurring.

Although I believe that the appeal was timely filed, I would dismiss the appeal as improvidently granted.

19770228

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