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CHEVALIER ET AL. v. CITY OF PHILA. ET AL.

No. 45 T.D. 1984.

91 Pa.Commw. 36 (1985)

John F. Chevalier and Anita Chevalier, Appellants v. City of Philadelphia and Frederic R. Mann Music Center, Appellees.

Commonwealth Court of Pennsylvania.

August 9, 1985.

Attorney(s) appearing for the Case

Anton H. Rosenthal, with him, Joseph S. Grossman and Allen L. Rothenberg, for appellants.

Ralph J. Luongo, Assistant City Solicitor, with him, Barbara R. Axelrod, Divisional Deputy in Charge of Appeals, and Barbara W. Mather, City Solicitor, for appellees.

Argued June 4, 1985, before Judges ROGERS, BARRY and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE ROGERS, August 9, 1985:

John F. and Anita Chevalier, whom we will refer to as plaintiffs, sued the City of Philadelphia (city) and the Frederic R. Mann Music Center (center) in trespass for damages on account of injuries to Mr. Chevalier. The plaintiffs here appeal from a judgment on the pleadings entered by the Court of Common Pleas of Philadelphia County in favor of the city based upon the immunity conferred on the city as a local agency by 42 Pa...

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