decided: April 14, 1978.
NOEL TANCRED ESCOFIL, APPELLANT,
COMMONWEALTH OF PENNSYLVANIA
Appeal from No. 575 Order of Commonwealth Court at No. 167, Miscellaneous Docket; Bowman, President Judge.
Noel Tancred Escofil, I.P.P., for appellant.
Robert Kane, Atty. Gen., R. Scott, Shearer, Robert E. Casey, Harrisburg, State Treasurer, for appellee.
Eagen, C. J., and O'Brien, Pomeroy, Nix and Larsen, JJ. Roberts and Manderino, JJ., did not participate in the consideration or decision of this case.
Author: Per Curiam
[ 477 Pa. Page 456]
The order of the Commonwealth Court is vacated and the record is remanded to that court with directions to proceed to hear the appeal on the merits. Cf. Commonwealth v. N. Barsky and Sons, 476 Pa. 13, 381 A.2d 842 (1978).
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