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TURNER ET UX. v. MARTZ ET AL.

Nos. 2409 and 2410 C.D. 1977.

42 Pa.Commw. 328 (1979)

John L. Turner and Linda M. Turner, his wife, Appellants v. Donald J. Martz, Sr. and Township of Derry, Appellees. Carole E. Gavoni, Appellant v. Donald J. Martz, Sr. and Township of Derry, Appellees.

Commonwealth Court of Pennsylvania.

April 30, 1979.

Attorney(s) appearing for the Case

Robert L. Marks, for appellants.

Gailey C. Keller, with him Smith, Eves and Keller, for appellees.

Argued February 7, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., MENCER, BLATT, DiSALLE, CRAIG and MacPHAIL. Judges WILKINSON, JR. and ROGERS did not participate.

OPINION BY JUDGE MacPHAIL, April 30, 1979:

Carole E. Gavoni, John L. Turner and Linda M. Turner (Plaintiffs) have appealed to this Court from the order of the Court of Common Pleas of the 26th Judicial District, Montour County Branch, sustaining the demurrer of Donald J. Martz (Martz) and the Township of Derry (Township) to Plaintiffs' complaints in trespass and assumpsit. The Plaintiffs' appeals have been consolidated for our disposition by prior order of court....

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