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SAFEGUARD MUT. INS. CO. v. COMMONWEALTH

Original Jurisdiction, No. 278 C.D. 1971.

4 Pa.Commw. 477 (1972)

Safeguard Mutual Insurance Company v. Commonwealth.

Commonwealth Court of Pennsylvania.

February 18, 1972.

Attorney(s) appearing for the Case

Malcolm H. Waldron, Jr., for plaintiff.

Charles D. Cowley, Assistant Attorney General, with him Robert A. Miller, Assistant Attorney General, Gerald Gornish, Deputy Attorney General, and J. Shane Creamer, Attorney General, for defendants.

Argued November 3, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and ROGERS.

OPINION BY JUDGE ROGERS, February 18, 1972:

The defendant, the Commonwealth of Pennsylvania, has filed preliminary objections to Safeguard Mutual Insurance Company's complaint claiming damages in the amount of $12,719,968.

The objections consist of motions "to dismiss" and to strike, based upon the form and content of the complaint, and a demurrer interposing the Commonwealth's immunity. As we sustain...

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