Overnite Transportation Co. v. Local Union (Summary Disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT OVERNITE TRANSPORTATION COMPANY, Petitioner, v. LOCAL UNION NO. 107, Respondent. : No. 533 MAL 2001 : : Petition for Allowance of Appeal from the : Order of the Superior Court : : : : ORDER PER CURIAM: DECIDED: December 13, 2001 AND NOW, this 13th day of December, 2001, the Petition for Allowance of Appeal is GRANTED. The appeal below was untimely filed and there was no showing of fraud or a breakdown in the court s operation to permit entertaining the appeal. The Superior Court lacked jurisdiction over the appeal. Accordingly, the order of the Superior Court is REVERSED. See West Penn Power Co. v. Goddard, 333 A.2d 909, 912 (Pa. 1975) (time for taking appeal cannot be extended as matter of grace). Mr. Justice Zappala and Mr. Justice Cappy dissent.

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