Commonwealth of Pennsylvania, Department of Labor & Industry, Petitioner v. Robert L. Simmons (Per Curiam Order)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 835 M.D. Alloc. Dkt. 1999 DEPARTMENT OF LABOR AND : INDUSTRY, : Petition for Allowance of Appeal from the Petitioner : Order of the Commonwealth Court : v. : : : ROBERT L. SIMMONS, : Respondent : ORDER PER CURIAM DECIDED: April 12, 2000 AND NOW, this 12th day of April, 2000, the Petition for Allowance of Appeal is GRANTED. Notwithstanding that the May 6, 1999, order disposed only of the stay motions, and did not dispose of the underlying appeal itself, which was not before the motions judge, the Commonwealth Court erroneously treated the order as having disposed of the appeal, deeming it to have been quashed. Accordingly, this matter is REMANDED to the Commonwealth Court for reinstatement of Appellant s appeal.

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