Supreme Court of Pennsylvania, 1994

Sperando v. COM., DEPT. OF TRANSP.

Supreme Court of Pennsylvania · Decided June 29, 1994 · Montemuro, Docket, Larsen

643 A.2d 1079; 537 Pa. 352; 1994 Pa. LEXIS 301 (Atlantic Reporter, Second Series)

Opinion

ORDER

PER CURIAM:

The Petition for Allowance of Appeal is GRANTED. The Order of the Commonwealth Court, 157 Pa.Cmwlth. 531, 630 A.2d 532, is reversed on the basis of this Court’s opinion in Kapres v. Heller, 536 Pa. 551, 640 A.2d 888 (1994). The Order of the- trial court granting summary judgment in favor of Mark Mullin is hereby reinstated. Jurisdiction of this Court is relinquished.

MONTEMURO, J., is sitting by designation as Senior Justice pursuant to Judicial Assignment Docket No. 94 R1800, due to the unavailability of LARSEN, J., see No. 127 Judicial Administration Docket No. 1, filed October 28, 1993.

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