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ROK v. FLAHERTY ET AL.

No. 170 C.D. 1986.

106 Pa.Commw. 570 (1987)

527 A.2d 211

Craig Rok, an individual t/d/b/a Craig Auto Service and Towing, Appellant v. Thomas E. Flaherty, individually and in his capacity as Controller of the City of Pittsburgh; Thomas Fitzgerald, individually and in his capacity as Aide to the Controller of the City of Pittsburgh; and Kevin Forsythe, individually and in his capacity as Aide to the Controller of the City of Pittsburgh, Appellees.

Commonwealth Court of Pennsylvania.

June 12, 1987.

Attorney(s) appearing for the Case

Karyn Ashley Rok, Rok and Baskin, for appellant.

David M. Neuhart, with him, William J. Clifford, Dickie, McCamey & Chilcote, P.C., for appellees.

Argued March 25, 1987, before President Judge CRUMLISH, JR., Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., June 12, 1987:

Craig Rok, t/d/b/a Craig Auto Service and Towing (Rok), appeals an Allegheny County Common Pleas Court order sustaining preliminary objections in the nature of a demurrer of Pittsburgh City Controller Thomas E. Flaherty (Flaherty). The common pleas court dismissed Rok's defamation complaint, concluding that Flaherty enjoyed absolute immunity.1 We reverse and remand.

The City...

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