CENTRAL MUT. INS. CO., v. LUTZ.


414 Pa. 137 (1964)

Central Mutual Insurance Company, Appellant, v. Lutz.

Supreme Court of Pennsylvania.

April 21, 1964.


Attorney(s) appearing for the Case

Lee C. McCandless, with him H. Ray Pope, Jr., for appellant.

Saul J. Bernstein, with him Robert B. Filson, Donald Miller, and Miller, Buterbaugh and Cope, and Bernstein and Campbell, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. CHIEF JUSTICE BELL, April 21, 1964:

This appeal arose from a Judgment rendered for defendants in a declaratory judgment proceeding. The pleadings and testimony raised important controverted or disputed facts and consequently a declaratory judgment proceeding will not lie. Allstate Insurance Company v. Seward, 407 Pa. 628, 182 A.2d 715; State Farm Mutual Automobile Insurance Company v. Semple,

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