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COM. v. HESS

389 Pa.Super. 39 (1989)

566 A.2d 605

COMMONWEALTH of Pennsylvania, Appellant, v. Joseph E. HESS.

Supreme Court of Pennsylvania.

Filed October 24, 1989.

Reargument Denied December 7, 1989.

Petition for Allowance of Appeal Granted May 29, 1990.

Attorney(s) appearing for the Case

Syndi L. Norris, Asst. Dist. Atty., Carlisle, for Com.

William Costopoulos, Lemoyne, for appellee.

David M. McGlaughlin, Philadelphia, amicus curiae.

Before BROSKY, BECK and HOFFMAN, JJ.

BROSKY, Judge.

This appeal, taken by the Commonwealth of Pennsylvania, is from an Order vacating a temporary restraining order and dismissing the Commonwealth's Motion for preservation of property subject to forfeiture.

On appeal, the Commonwealth contends that an evidentiary hearing was necessary to determine the nature and source of the restrained assets and the nature of the contractual agreement between...

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