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MALLICK v. MIDDLETOWN TOWNSHIP

No. 4579.

60 Pa. D. & C. 2d 79 (1972)

Mallick v. Middletown Township

Common Pleas Court of Bucks County, Pennsylvania.

November 13, 1972.

Attorney(s) appearing for the Case

Dean & McCoy, for plaintiff.

Gordon G. Erdenberger of Power, Bowen & Valimont, for Township of Middletown.

Norvin Nathan, for individual defendants.

John Phillip Diefenderfer, for Executrix u/w Gerald J. Summerson.

MOUNTENAY, J., November 13, 1972.

This matter comes before us under rule 266 upon preliminary objections filed to plaintiffs' complaint by defendant, Township of Middletown, and by the personal representative of defendant, Gerald Summerson, deceased. The complaint combines an action for wrongful death and a survival action. The preliminary objections filed on behalf of the Township of Middletown raise two questions: First, whether plaintiffs have capacity to bring...

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