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Highway Materials, Inc v. Court of Common Pleas of Montgomery County and

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT


December 14, 2010

HIGHWAY MATERIALS, INC., PETITIONER
v.
COURT OF COMMON PLEAS OF MONTGOMERY COUNTY AND THE HONORABLE RICHARD L. HODGSON, RESPONDENTS

Per curiam.

Application for Extraordinary and Emergency Relief (Including a Stay of Proceedings) Pursuant to King's Bench Power and/or Plenary Jurisdiction

ORDER

AND NOW, this 14th day of December 2010, upon consideration of Petitioner's Application for Extraordinary and Emergency Relief, full bench recusal of the bench of the Montgomery County Court of Common Pleas is ORDERED, in the exercise of this Court's supervisory authority. See 42 Pa.C.S. § 726. The Court Administrator is directed to appoint a judge from out of county to preside in the underlying civil lawsuit.

All proceedings to be stayed meanwhile.

Mr. Justice McCaffery did not participate in the decision of this case. Mr. Justice Saylor and Mr. Justice Eakin dissent.

20101214

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