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DiMINO v. BOROUGH OF POTTSTOWN

129 Pa.Commw. 154 (1989)

564 A.2d 1329

Nathan DiMINO, a Minor, by his parents and natural guardians, John DiMINO and Eleanor DiMino, and John DiMino and Eleanor DiMino, husband and wife, in their own right v. BOROUGH OF POTTSTOWN, School District of Pottstown, Recreation Consultants and Floyd G. Hersh, Inc. Appeal of BOROUGH OF POTTSTOWN, Appellant. Nathan DiMINO, et al. v. BOROUGH OF POTTSTOWN and Recreational Consultants, Inc., et al. Appeal of SCHOOL DISTRICT OF POTTSTOWN, Appellant.

Commonwealth Court of Pennsylvania.

Decided September 25, 1989.

Reargument Denied December 7, 1989.

Attorney(s) appearing for the Case

Joseph T. Bodell, Jr., with him, Louis A. Bove, Swartz, Campbell & Detweiler, Philadelphia, for appellant, Borough of Pottstown.

David J. Otis, Media, with him, Craig S. Hudson, Liebert, Short & Hirshland, Philadelphia, for appellant, School Dist. of Pottstown.

Mark A. Lublin, with him, Ruth R. Wessel and Nicholas Poduslenko, Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, for appellees.

Before CRUMLISH, Jr., President Judge, McGINLEY, J., and NARICK, Senior Judge.

McGINLEY, Judge.

Before us are the consolidated interlocutory appeals of the Borough of Pottstown (Borough) and the School District of Pottstown (School District) filed pursuant to respective orders of the Court of Common Pleas of Montgomery County (common pleas court) which pursuant to Section 702(b) of the Judicial Code, 42 Pa.C.S. § 702(b) certified for appellate review1 its denial of motions for summary judgment filed on behalf...

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