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PIEHL v. CITY OF PHILADELPHIA

930 A.2d 607 (2007)

Linda PIEHL and William Piehl, h/w, Appellants v. CITY OF PHILADELPHIA and Commonwealth of Pennsylvania.

Commonwealth Court of Pennsylvania.

Decided July 27, 2007.

Attorney(s) appearing for the Case

Christine Godwin, Philadelphia, for appellants.

Howard G. Hopkirk, Harrisburg, for appellee, Commonwealth of PA.

BEFORE: LEADBETTER, President Judge, COLINS, Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

Linda and William Piehl, husband and wife (the Piehls), appeal an order of the Court of Common Pleas of Philadelphia County (trial court) granting the Attorney General's motion for judgment on the pleadings and dismissing their complaint on the basis of sovereign immunity. In this case, we consider whether a Commonwealth agency is a party defendant if it is not correctly named in the caption of the complaint but is correctly named in the...

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