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LEVENGER v. LEHIGH VALLEY R. R. CO.

No. 174.

57 Pa. D. & C. 2d 364 (1972)

Levenger, Trustee v. The Lehigh Valley Railroad Company

Common Pleas Court of Northampton County, Pennsylvania.

January 24, 1972.

Attorney(s) appearing for the Case

Philip & Yarema, for plaintiff.

Theodore J. Zeller, Jr., of Butz, Hudders & Tallman, for defendant.

WILLIAMS, J., January 24, 1972.

This case is before the court on defendant's preliminary objection challenging plaintiff's capacity to sue.1 Defendant contends that Ruth A. Levenger is not the real party in interest and is, therefore, precluded from instituting this trespass action which concerns the liability for a fire which occurred on a certain tract of land in Carbon County on October 6, 1963. At the time of the fire, the record owners...

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