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CHIANESE v. HEINTZ

No. 2916.

34 Pa. D. & C. 2d 253 (1964)

Chianese v. Heintz

Common Pleas Court of Allegheny County, Pennsylvania.

May 1, 1964.

Attorney(s) appearing for the Case

Joseph P. Passafiume, for plaintiff.

Herbert N. Rosenberg, for defendant.

Before Brown and McKenna, JJ.

BROWN, J., May 1, 1964.

This matter is before the court en banc on defendant's motion for judgment on the pleadings, on a plea of res judicata.

At the outset we point out that judgment on the pleadings should be entered only in clear cases, and where there are no facts in dispute: Wood v. Collingdale Borough, 366 Pa. 624.

Plaintiff's complaint avers that on or about August 24, 1960, at or about 11:20 P.M. in North Huntingdon...

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