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YATES v. McKEAN
PER CURIAM.
AND NOW, this 26th day of September, 2007, the Order of the Court of Common Pleas of Erie County is affirmed.
Chief Justice CAPPY files a concurring statement.
Justice EAKIN files a concurring statement.
Chief Justice CAPPY, concurring.
I join the Court in its per curiam order. Although I previously joined Mr. Justice Eakin in his dissenting opinion in Burger v. School Board of the McGuffey School District, 923 A.2d 1155 (2007), that case now stands as a majority precedent in this Court, and therefore, stare decisis in this instance.
Justice EAKIN, concurring.
I join the per curiam affirmance. While I remain of the opinion expressed in my dissent in Burger v. School Board of the McGuffey School District, 923 A.2d 1155, 1167 (2007) (Eakin, J., dissenting), I recognize the precedential value of Burger's majority.
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