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MANUELLA ET UX. v. SORGENFREI ET AL.

No. 280 C.D. 1981.

63 Pa.Commw. 421 (1981)

William and Barbara Manuella, h/w v. O.F. Sorgenfrei et al. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

December 29, 1981.

Attorney(s) appearing for the Case

William A. Slotter, Deputy Attorney General, with him James R. Ingram, Deputy Attorney General, for appellant.

Wilfred F. Lorry, with him John A. Rothschild, Bruce D. Lombardo and David F. Kalinder, Lorry and Hymowitz, P.C., for appellees.

Argued November 19, 1981, before Judges MENCER, ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE ROGERS, December 29, 1981:

The Commonwealth of Pennsylvania, Department of Transportation, here appeals from an order of the Court of Common Pleas of Philadelphia County denying the prayer of its petition for leave to amend its answer to paragraph 8 of William and Barbara Manuella's complaint in trespass averring that the Department of Transportation owned, possessed, maintained and controlled Interstate 95, a public highway, on the day when the plaintiff...

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