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PAUL T. GRIESER v. COMMONWEALTH PENNSYLVANIA (09/26/78)

decided: September 26, 1978.

PAUL T. GRIESER, A MINOR, IN HIS OWN RIGHT BY HIS PARENTS AND NATURAL GUARDIANS, PAUL GRIESER AND ANNE GRIESER, AND PAUL GRIESER AND ANNE GRIESER, IN THEIR OWN RIGHT, APPELLANTS,
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, AND THE BOROUGH OF PLUM



Appeal No. 199 March Term, 1977, from the Order of the Commonwealth Court at No. 28 T.D.1976.

COUNSEL

Thomas L. Cooper, Pittsburgh, for appellants.

Jerome W. Kiger, Grogan, Graffam, McGinley & Solomon, Pittsburgh, for Borough of Plum.

Kenneth Lee Sable, Dept. of Transportation, Harrisburg, for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Eagen, C. J., and O'Brien, and Pomeroy, JJ., dissent.

Author: Per Curiam

[ 480 Pa. Page 447]

OPINION

The order of the Commonwealth Court is vacated and the case is remanded to that court for consideration in light of

[ 480 Pa. Page 448]

Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978).

19780926

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