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KOZAK v. CITY OF BUTLER

210 Pa.Super. 67 (1967)

Kozak, Appellant, v. City of Butler.

Superior Court of Pennsylvania.

June 16, 1967.

Attorney(s) appearing for the Case

William C. Robinson, with him William J. Rockenstein, and Henninger & Robinson, for appellant.

John Murrin, City Solicitor, with him Leonard I. Feldstein, Assistant City Solicitor, for City of Butler, appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

OPINION PER CURIAM, June 16, 1967:

Judgment affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

The entry of judgment n.o.v. for the defendant in this case seems to me wholly improper. Since reinstatement of the verdict for plaintiff would also be inappropriate, Kersey Manufacturing Company v. Rozic, 422 Pa. 564, 222 A.2d 713 (1966), I would reverse and remand for...

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