Supreme Court of Pennsylvania, 2001

Baer v. COM., DEPT. OF TRANSPORTATION

Supreme Court of Pennsylvania · Decided March 21, 2001 · Flaherty, Zappala, Cappy, Castille, Nigro, Saylor

770 A.2d 287; 564 Pa. 603; 2001 Pa. LEXIS 570 (Atlantic Reporter, Second Series)

Opinion of the Court

ORDER

PER CURIAM:

AND NOW, this 21st day of March, 2001, the order of the Commonwealth Court is affirmed solely on the basis of our

*604decision in Dean v. Commonwealth of Pennsylvania, Department of Transportation, 561 Pa. 508, 751 A.2d 1130 (2000). The motion for summary affirmance is dismissed as moot.

Dissenting Opinion

Justice NIGRO dissents.

Justice NEWMAN did not participate in the consideration or decision of this case.

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