DURHAM v. McELYNN


772 A.2d 68 (2001)

Warren DURHAM, Jr., Appellant v. Christopher McELYNN, Appellee.

Supreme Court of Pennsylvania.

Decided May 21, 2001.

Reargument Denied July 10, 2001.


Attorney(s) appearing for the Case

Warren Durham, appellant pro se.

Eric John Purchase, Thomas A. Pendleton, Erie, for appellee Christopher McElynn.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.


OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal by allowance from an order of Superior Court which affirmed an order granting preliminary objections of the appellee, Christopher McElynn, in a tort action brought by the appellant, Warren Durham, Jr.

In 1996, while employed as an assistant district attorney in Erie County, McElynn prosecuted Durham for various crimes. Convictions were obtained, and, as a result, Durham is serving...

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