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COMMONWEALTH EX REL. FIDELIBUS v. O'NEILL. (05/23/78)

May 23, 1978

COMMONWEALTH EX REL. FIDELIBUS, APPELLANT,
v.
O'NEILL.



COUNSEL

Raymond P. Forceno, for appellant; Mark Sendrow, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for appellee.

Order affirmed. JACOBS, P.J., dissented on the basis of Commonwealth ex rel. McGowan v. Aytch, 233 Pa. Super. 66, 334 A.id 750 (1975). HOFFMAN, J., dissented on the basis of his dissenting opinion in Commonwealth v. Bennett, 245 Pa. Super. 457, 369 A.2d 493 (1976). WATKINS, former P.J., did not participate in the consideration or decision of this case.

19780523

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