REED, J., October 13, 1971.
After close of the pleadings, defendant filed a motion for summary judgment which is now before the court for disposition.
Initially plaintiff argues that defendant's motion should be for judgment on the pleadings (Pa.R.C.P. 1034), not for summary judgment (Pa.R.C.P. 1035). We agree, and applying Pa. R.C.P. 126 treat defendant's motion as brought under Rule 1034.
On motion for judgment on the pleadings all well pleaded allegations...
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