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Francis O'neill v. Commonwealth of Pennsylvania

IN THE COMMONWEALTH COURT OF PENNSYLVANIA


October 27, 2011

FRANCIS O'NEILL, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, RESPONDENT

The opinion of the court was delivered by: Bonnie Brigance Leadbetter President Judge

ORDER

NOW, October 27, 2011, upon consideration of petitioner's motion for reconsideration, respondent's motion for reconsideration and petitioner's answer, reconsideration is granted. Our Memorandum Opinion and Order, filed September 29, 2011, are withdrawn.

Because there is a material fact in dispute, the Department of Corrections' preliminary objection is overruled. The Department shall file an answer to the petition for review by November 28, 2011.

BY THE COURT:

20111027

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