Opinion
Submitted September 26, 1990.
Decided September 14, 1990.
Appeal No. 92 W.D. Appeal Dkt. 1988, from the Order of Commonwealth Court dated 1/6/88 at No. 3367 C.D. 1986 affirming the order of the Court of Common Pleas dated 11/3/86, Civil Division Cambria County, at No. 1985-1175.
Joseph E. Fieschko, Jr. and James C. Warmbrodt, Pittsburgh, for appellants.
Margaret A. McLean, Pittsburgh, for Borough of Ebensburg.
Eugene G. Berry, Office of Atty. Gen., Pittsburgh, for the Com.
Herman C. Kimpel, Dickie, McCamey Chilcote, Pittsburgh, for Arthur Mellinger, III.
Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.
ORDER
Appeal dismissed as having been improvidently granted.
LARSEN and PAPADAKOS, JJ., dissent and would go to the merits of the case.