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William DE RUGERIIS, Jr., a minor, by his parents and natural guardians, et al., Appellees, v. Stephen BRENER, Appellant.

OPINION OF THE COURT

PER CURIAM:

The appeal in this case from an order of the Superior Court was improvidently allowed since the petition for allowance of appeal was untimely filed. See Act of July 31, 1970, P.L. 673, Article V, § 502, 17 Pa.C.S.A. § 211.502. The appeal is therefore dismissed.

ROBERTS, J., filed a concurring opinion.

JONES, C. J., took no part in the consideration or decision in this case.

ROBERTS, Justice, concurring.

Although I believe that the appeal was timely filed, I would dismiss the appeal as improvidently granted.

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DE RUGERIIS v. BRENER
(Feb 28, 1977)