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CITIES SERVICE OIL COMPANY v. FRANK P. QUIRK (08/10/78)

SUPREME COURT OF PENNSYLVANIA


August 10, 1978

CITIES SERVICE OIL COMPANY
v.
FRANK P. QUIRK, FRANK'S SERVICE CENTER, APPELLANT

No. 161 January Term, 1977, Appeal from the Order of the Superior Court at No. 512 October Term, 1976, Affirming the Order of the Court of Common Pleas, of Philadelphia at No. 1218 January Term, 1975.

Per Curiam:

Orders of the Superior Court and court of common pleas vacated and proceedings remanded for consideration in light of Atlantic Richfield Co. v. Razumic, 480 Pa. 366, 390 A.2d 736 (J. 257, 1977, filed (1978)).

Mr. Justice PACKEL did not participate in the decision of this case.

Mr. Justice O'Brien dissents.

Mr. Justice Pomeroy filed a Concurring Opinion in which Mr. Justice Nix joins.

POMEROY, J.,

For the reasons set forth in my opinion in Kowatch v. Atlantic Richfield Co., 480 Pa. 388, 390 A.2d 747 (1978) (concurring opinion of POMEROY, J.), I concur in the remand of the instant case for a determination of the legal issues therein presented.

Mr. Justice Nix joins in this opinion.

19780810

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