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PIECKNICK v. COM. OF PENNSYLVANIA

No. 94-3002.

36 F.3d 1250 (1994)

Fred PIECKNICK; Dorothy Piecknick and Dan Piecknick, trading and doing business as Piecknick Towing v. COMMONWEALTH OF PENNSYLVANIA; Pennsylvania State Police; Colonel Glenn Walp, individually and in his capacity as Commander of Pennsylvania State Police; Captain Thomas Berryhill, individually and in his capacity as Commander of Troop S; Sergeant Duane Durham, individually and in his capacity as an officer of Troop S. Ferdinand W. and Dorothy Piecknick and Dan Piecknick Trading and Doing Business as Piecknick Towing, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 30, 1994.

Attorney(s) appearing for the Case

Peter M. Suwak, (argued), Washington, PA, for appellants.

Ernest D. Preate, Jr., Atty. Gen., Calvin R. Koons, Sr. Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Gloria A. Tischuk, (argued), Deputy Atty. Gen., Pittsburgh, PA, for appellees.

Present BECKER and HUTCHINSON, Circuit Judges, and PADOVA, District Judge.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Appellants, Fred, Dorothy and Dan Piecknick, operators of Piecknick Towing (collectively "Piecknick"), appeal an order of the United States District Court for the Western District of Pennsylvania dismissing their complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim upon which relief can be granted. In their complaint, Piecknick alleged that appellees, the Commonwealth...

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