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OTTERSON v. JONES

456 Pa.Super. 388 (1997)

690 A.2d 1166

Agnes OTTERSON, Appellant, v. Allen JONES, Appellee.

Superior Court of Pennsylvania.

Filed February 14, 1997.

Reargument Denied April 17, 1997.

Attorney(s) appearing for the Case

Evan Aidman, Newtown Square, for appellant.

William H. Resch, Jr., Philadelphia, for appellee.

Before DEL SOLE, BECK and POPOVICH, JJ.

POPOVICH, Judge:

The plaintiff/appellant, Agnes Otterson, appeals the order granting the Motion for Judgment on the Pleadings of the defendant/appellee, Allen Jones. We reverse.

"Like all summary judgments entered without a trial judgment on the pleadings may be entered only in clear cases free from doubt where there are no issues of fact, and only where the cause is so clear that a trial would clearly be a fruitless exercise. . . . The party moving for the...

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