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PITTSBURGH v. AMERICAN ASBESTOS

157 Pa.Commw. 235 (1993)

629 A.2d 265

CITY OF PITTSBURGH, Appellant, v. AMERICAN ASBESTOS CONTROL COMPANY and United Capitol Insurance Company, and Donald Neuberger, Guardian of the Estate of Douglas Neuberger, an incompetent, McDonough Caperton v. McDONOUGH CAPERTON INSURANCE GROUP, INC.

Commonwealth Court of Pennsylvania.

Decided July 21, 1993.

Attorney(s) appearing for the Case

J. Russell McGregor, Jr., Asst. City Sol., for appellant.

James A. Mollica, Jr., for appellee, American Asbestos Control Co.

Nancy DeCarlo Fabi, for appellee, United Capitol Ins. Co.

Before CRAIG, President Judge, and COLINS, J., and LORD, Senior Judge.

LORD, Senior Judge.

The City of Pittsburgh appeals an Allegheny County Common Pleas Court order granting summary judgment in favor of all defendants in the City's declaratory judgment action against them.

American Asbestos had a contract with the City of Pittsburgh (City) for asbestos removal in various city facilities. In the course of removing asbestos, an employee of American Asbestos, Douglas Neuberger, fell through a city-owned garage roof. Neuberger...

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