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LAZZARI MOTORS, INC. ET AL. v. DEPT. OF TRANS.

No. 253 C.D. 1981.

63 Pa.Commw. 339 (1981)

Lazzari Motors, Inc., James D. Hamilton and Phyllis Hamilton, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

December 23, 1981.

Attorney(s) appearing for the Case

William J. Wheeler, Jr., for appellants.

Brian H. Baxter, Deputy Attorney General, with him Herbert L. Olivieri, Chief, Torts Litigation Unit, and LeRoy S. Zimmerman, Attorney General, for appellee.

Argued October 8, 1981, before Judges MENCER, WILLIAMS, JR. and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, December 23, 1981:

Lazzari Motors, Inc., James D. Hamilton and Phyllis Hamilton (Appellants) appeal from an order of the Court of Common Pleas of Allegheny County which granted the motion for judgment on the pleadings of the Commonwealth of Pennsylvania, Department of Transportation, based upon the defense of sovereign immunity. We affirm.

The Appellants raise the same issues...

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