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MALINDER v. JENKINS ELEV. & MACH. CO.

371 Pa.Super. 414 (1988)

538 A.2d 509

Roosevelt J. MALINDER and Harriet Malinder v. JENKINS ELEVATOR & MACHINE COMPANY and Utica Insurance Company & Allied Enterprises. Appeal of UTICA INSURANCE COMPANY.

Supreme Court of Pennsylvania.

Filed January 27, 1988.

Petition for Modification of Judgment Denied March 8, 1988.

Attorney(s) appearing for the Case

Charles W. Craven, Philadelphia, for appellant.

Francis J. Moran, Philadelphia, for Malinder, appellee.

Before CIRILLO, President Judge, and BROSKY, ROWLEY, WIEAND, McEWEN, OLSZEWSKI, BECK, TAMILIA and JOHNSON, JJ.

ROWLEY, Judge:

This is an appeal from a judgment entered in favor of appellees, Roosevelt and Harriet Malinder, and against Utica Insurance Company, (Utica) and Allied Enterprises (Allied); and in favor of Utica and against Allied on Utica's cross-claim. We reverse the judgment in favor of the Malinders and remand for the entry of judgment n.o.v. in favor of Utica.

On September 9, 1982, appellee Roosevelt...

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