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PennDOT v. SHIPLEY HUMBLE OIL CO. ET AL.

No. 1064 C.D. 1976.

29 Pa.Commw. 171 (1977)

Commonwealth of Pennsylvania, Department of Transportation, Plaintiff v. Shipley Humble Oil Company, a/k/a Shipley Humble, Inc. and The Mason and Dixon Lines, Inc., Defendants. The Pennsylvania Turnpike Commission, Additional Defendant.

Commonwealth Court of Pennsylvania.

March 9, 1977.

Attorney(s) appearing for the Case

John T. Kalita, Jr., Assistant Attorney General, with him Stuart J. Moskovitz, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for plaintiff.

James W. Evans, with him Goldberg, Evans and Katzman, for defendant, Mason & Dixon Lines, Inc.

Argued December 6, 1976, before Judges KRAMER, WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE KRAMER, March 9, 1977:

This action was brought by the Department of Transportation of the Commonwealth of Pennsylvania against Shipley Humble Oil Company (Shipley) and the Mason and Dixon Lines, Inc. (Mason).1

The complaint is captioned "In Trespass" and it describes two accidents which occurred on March 22, 1973. Allegedly, the first accident occurred when a negligently operated vehicle owned by Shipley collided...

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