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ACTION INDUSTRIES v. COMMONWEALTH PENNSYLVANIA (01/25/78)

COMMONWEALTH COURT OF PENNSYLVANIA


January 25, 1978

ACTION INDUSTRIES, INC. AND ZURICH INSURANCE COMPANY, INSURANCE CARRIER, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND ABC SECURITY, INC., ROCKWOOD INSURANCE COMPANY, INSURANCE CARRIER, AND JAMES CORCORAN, JR., RESPONDENTS. JAMES CORCORAN, JR., PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD, ABC SECURITY INC. AND ROCKWOOD INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENTS

33 Pa. Commw. 223.

Author: Per Curiam

[ 33 Pa. Commw. Page 224]

On December 15, 1977 this Court entered its order quashing the above appeals on the ground that the

[ 33 Pa. Commw. Page 225]

    order of remand in No. 2245 Commonwealth Docket 1976 was interlocutory and that both appeals should be heard at once. We now have before us an application for reargument which, inter alia, points out that our order could result in No. 2225 Commonwealth Docket 1976 never being argued on appeal. In order to remove any doubt that the appeal in No. 2225 Commonwealth Docket 1976 is preserved for argument we will enter the following

Amended Order

And Now, January 25, 1978, the application for reargument in the above matter is denied and that portion of our December 15, 1977 Order which quashed the appeal in No. 2225 Commonwealth Docket 1976 as being interlocutory is modified to the extent that said appeal in No. 2225 Commonwealth Docket 1976 will be held in abeyance pending a determination as to whether No. 2245 Commonwealth Docket 1976 is to be argued before this Court.

Disposition

Amended order issued.

19780125

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