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LUTHER v. COAL OPERATORS CAS. CO.

379 Pa. 113 (1954)

Luther, Appellant, v. Coal Operators Casualty Company.

Supreme Court of Pennsylvania.

November 8, 1954.

Attorney(s) appearing for the Case

James G. Moore, with him Earl R. Handler, for appellant.

Joseph W. Serene, with him Peelor, Serene & Fee; Smith, Best & Horn, and James L. Jack, Jr., for appellees.

Before STERN, C.J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, November 8, 1954:

In this case plaintiff is attempting to foist upon defendants a contractual liability which is wholly unwarranted, there being no semblance of a contractual or other relationship between the parties which would properly give rise to any legal obligation on their part.

Plaintiff's complaint in assumpsit stated that on or about November 23, 1948, the defendant...

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