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WATERS et al. v. EVANS

218 Pa.Super. 141 (1971)

Waters et al., Appellants, v. Evans.

Superior Court of Pennsylvania.

May 20, 1971.

Attorney(s) appearing for the Case

Mark S. Levy, with him Martin M. Krimsky, and Kremer, Krimsky & Luterman, for appellants.

Ragan A. Henry, with him Steven E. Angstreich, and Goodis, Greenfield & Mann, for appellees.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, SPAULDING, and CERCONE, JJ. (HOFFMAN, J., absent).

OPINION PER CURIAM, May 20, 1971:

Order affirmed.

DISSENTING OPINION BY MONTGOMERY, J.:

I respectfully dissent from the action of the majority in affirming the order of the lower court in sustaining preliminary objections and dismissing the complaints.

In cases of this nature against public officials it is necessary to allege a malicious design to do injury or "with such a reckless and wanton disregard of his interests as would be equivalent...

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