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CAIRNS v. SEPTA

No. 2539 C.D. 1986.

114 Pa.Commw. 321 (1988)

538 A.2d 659

William Cairns, Appellant v. Southeastern Pennsylvania Transportation Authority ("SEPTA"), Appellee.

Commonwealth Court of Pennsylvania.

March 9, 1988.

Attorney(s) appearing for the Case

Gregory G. Stagliano; Of Counsel: Eckell, Sparks, Levy, Auerbach, Monte & Moses, for appellant.

Margery Sickles Preddy, for appellee.

Submitted on briefs September 15, 1987, to President Judge CRUMLISH, JR., Judge BARRY, and Senior Judge BARBIERI, sitting as a panel of three.,

OPINION BY JUDGE BARRY, March 9, 1988:

Willaim Cairns (appellant) appeals from an order of the Court of Common Pleas of Delaware County sustaining the defendant Southeastern Pennsylvania Transportation Authority's (SEPTA) preliminary objections and dismissing Mr. Cairns' complaint.

The appellant was employed by SEPTA as a bus driver from January 25, 1967 through April 15, 1982. Beginning in December of 1981 the appellant began to suffer from a cardiac condition...

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