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CAPANNA v. CITY of PHILA.

No. 77 T.D. 1983.

89 Pa.Commw. 349 (1985)

Sarah Capanna, Administratrix of the Estate of Edward J. McGuigan, Jr., Deceased, Appellant v. City of Philadelphia, Appellee.

Commonwealth Court of Pennsylvania.

May 20, 1985.

Attorney(s) appearing for the Case

David Rudovsky, with him, Martin Heller, for appellant.

Barbara W. Mather, City Solicitor, with her, Barbara R. Axelrod, Deputy City Solicitor, and Michael B. Tolcott, Assistant City Solicitor, for appellee.

Argued December 11, 1984, before President Judge CRUMLISH, JR. and Judges ROGERS, WILLIAMS, JR., CRAIG, MacPHAIL, DOYLE and BARRY.

OPINION BY JUDGE BARRY, May 20, 1985:

This case is a companion to City of Philadelphia v. Middleton, 89 Pa.Commw. 362, 492 A.2d 763 (1985).

Appellant, Sarah Capanna, appeals an order of the Court of Common Pleas of Philadelphia County sustaining preliminary objections filed by the City of Philadelphia (appellee).

Appellant's complaint in trespass alleges that city police officers in response to a radio...

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