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KENNEDY v. DEL. RIV. TOLL BRIDGE COMM.

No. 21 Tr. Dkt. 1975.

23 Pa.Commw. 662 (1976)

Joseph Kennedy, Plaintiff v. Delaware River Joint Toll Bridge Commission, Defendant.

Commonwealth Court of Pennsylvania.

March 11, 1976.

Attorney(s) appearing for the Case

Jack Sirott, for plaintiff.

Robert W. Valimont, with him William E. Benner, and Power, Bowen & Valimont, for defendant.

Argued December 1, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, March 11, 1976:

This matter is before us on preliminary objections in the nature of a demurrer by the Delaware River Joint Toll Bridge Commission (defendant) to a complaint in trespass filed by one Joseph Kennedy (plaintiff); the demurrer raises the issue of defendant's entitlement to sovereign immunity. In addition, this Court raised sua sponte the issue of our exclusive...

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