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COMMONWEALTH PENNSYLVANIA v. HERSCHEL MATHEWS (05/22/81)

SUPERIOR COURT OF PENNSYLVANIA


May 22, 1981

COMMONWEALTH OF PENNSYLVANIA, TO THE USE OF BLUEVILLE BANK OF GRAFTON, APPELLEE,
v.
HERSCHEL MATHEWS, APPELLANT.

No. 564 Pittsburgh, 1980, Appeal from the Order of the Court of Common Pleas of Greene County, No. 186 May Term 1979, Civil Div.

Before Spaeth, Wickersham and Lipez, JJ.

Per Curiam:

Mathews appeals the Order of the court below sustaining Blueville Bank's preliminary objection to Mathews's raising, in new matter, the affirmative defense of res judicata and ordering the case to trial. The appeal is thus interlocutory, and not final, and may not be heard.*fn1 See Pa. R. App. P. 341(a).

Appeal quashed.


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