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COMMONWEALTH v. BARBER

461 Pa. 738 (1975)

337 A.2d 855

COMMONWEALTH of Pennsylvania v. Everett BARBER et al., Appellants.

Supreme Court of Pennsylvania.

Decided April 3, 1975.

Rehearing Denied June 2, 1975.

Attorney(s) appearing for the Case

A. Richard Gerber, Gerber, Davenport & Wilenzik, Norristown, for appellants.

Milton O. Moss, Dist. Atty., Stewart J. Greenleaf, Asst. Dist. Atty., Chief, Appeals Div., Norristown, for appellee.

Before JONES, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

PER CURIAM:

Appeal quashed. See Commonwealth v. Myers, 457 Pa. 317, 322 A.2d 131 (1974).

EAGEN, J., took no part in the consideration or decision of this case.

ROBERTS, J., filed a dissenting opinion in which MANDERINO, J., joins.

ROBERTS, Justice (dissenting).

The majority refuses to decide the merits of the appeal because, as its citation of Commonwealth v. Myers...

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