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CAPLEN v. BURCIK

847 A.2d 56 (2004)

Larry CAPLEN, Neil B. Caplen, Jill Caplen Schecter and Stanley B. Caplen, Appellants, v. Richard W. BURCIK and City of Philadelphia, Trustee Acting by the Board of Directors of City Trusts, Girard Estates, Appellees.

Supreme Court of Pennsylvania.

April 15, 2004.

Attorney(s) appearing for the Case

David Ethan Jokelson, Esq., Neil Jokelson, for L. Caplen; N. Caplen; J.C. Schecter; S. Caplen.

Paul R. Fitzmaurice, Esq., Louis J. Sinatra, Esq., Howard A. Rosenthal, Esq., for R. Burcik; City of Philadelphia (Trustee).

Before: CAPPY, C.J., and CASTILLE, NIGRO, SAYLOR, EAKIN and BAER, JJ.

Prior Report: PA Supreme, 805 A.2d 21.

ORDER

PER CURIAM.

AND NOW, this 15th day of April, 2004, the order of the Commonwealth Court is VACATED and this matter is REMANDED to that court with the direction to REMAND this matter to the Court of Common Pleas of Philadelphia County for consideration of the governmental immunity issue in light of our decision in...

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