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TURNPIKE COMM. v. U.S. FID. & GUAR. CO.

412 Pa. 222 (1963)

Pennsylvania Turnpike Commission, Appellant, v. United States Fidelity and Guaranty Company.

Supreme Court of Pennsylvania.

October 11, 1963.

Attorney(s) appearing for the Case

Harold E. Kohn, with him Henry E. Harner, Aaron M. Fine, and Dilworth, Paxson, Kalish, Kohn & Dilks, for Pennsylvania Turnpike Commission, appellant.

Edward E. Knauss, III, and Gilbert J. Helwig, with them F. Brewster Wickersham, Elder W. Marshall, and Metzger, Wickersham & Knauss, and Reed, Smith, Shaw & McClay, for appellees.

Before BELL, C.J., MUSMANNO, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE EAGEN, October 11, 1963:

This is an appeal in an action of assumpsit from the order of the lower court refusing plaintiff's motion for judgment on the pleadings. The appeal is prosecuted pursuant to the provisions of the Act of April 18, 1874, P.L. 64, § 1, 12 P.S. § 1097.

James F. Torrance was a member of the Pennsylvania Turnpike Commission and also secretary-treasurer of the commission on February 28, 1955, when it entered...

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