It appearing to the Court that appellant's petition for rehearing en banc was granted in this case on September 10, 1999, nunc pro tune to June 24, 1996; and it further appearing that no opening brief upon rehearing en banc has been filed, and that the time allowed by law within which to do so has expired, the appellee's motion to dismiss hereby is granted and the. case is dismissed.
The Commonwealth shall recover of the appellant the fees and...
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