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JENKINS v. AMERICAN DREDGING CO.

406 Pa. 145 (1962)

Jenkins v. American Dredging Company, Appellant.

Supreme Court of Pennsylvania.

January 2, 1962.

Attorney(s) appearing for the Case

Perry S. Bechtle, with him Thomas E. Comber, Jr., John J. Runzer, and Pepper, Hamilton & Scheetz, for appellant.

James L. Stern, Deputy City Solicitor, with him John M. McNally, Jr., Assistant City Solicitor, Levy Anderson, First Deputy City Solicitor, and David Berger, City Solicitor, for City of Philadelphia, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN and ALPERN, JJ.

OPINION BY MR. JUSTICE COHEN, January 2, 1962:

The lower court here properly sustained the preliminary objections by the defendant-appellee, City of Philadelphia (City), to the complaint of the defendant-appellant, American Dredging Company (Company), wherein the Company seeks to join the City as an additional defendant.1

The City contends that the Company is primarily liable for the plaintiffs' injuries and, therefore, cannot...

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