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PennDOT v. MAYLE

No. 235 Misc. Dkt. No. 3.

76 Pa.Commw. 277 (1983)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Jimmy V. Mayle, Respondent.

Commonwealth Court of Pennsylvania.

August 11, 1983.

Attorney(s) appearing for the Case

Brian H. Baxter, Deputy Attorney General, for petitioner.

William M. Panella, for respondent.

Argued March 3, 1983, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and BARBIERI, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., August 11, 1983:

The Lawrence County Common Pleas Court denied the Pennsylvania Department of Transportation's (Commonwealth) motion for judgment on the pleadings. Commonwealth appeals.1 We reverse.

On December 2, 1975, Jimmy V. Mayle filed a complaint in tort in the United States District Court for the Western District of Pennsylvania...

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