Opinion
No. 575.
Argued April 12, 1978.
Decided April 14, 1978.
Appeal from No. 575 Order of Commonwealth Court at No. 167, Miscellaneous Docket; Bowman, President Judge.
Noel Tancred Escofil, I.P.P., for appellant.
Robert Kane, Atty. Gen., R. Scott, Shearer, Robert E. Casey, Harrisburg, State Treasurer, for appellee.
Before EAGEN, C. J., and O'BRIEN, POMEROY, NIX and LARSEN, JJ.
OPINION
The order of the Commonwealth Court is vacated and the record is remanded to that court with directions to proceed to hear the appeal on the merits. Cf. Commonwealth v. N. Barsky and Sons, 476 Pa. 13, 381 A.2d 842 (1978).
ROBERTS and MANDERINO, JJ., did not participate in the consideration or decision of this case.