OPINION BY JACOBS, J., September 15, 1972:
This case presents the issue of whether a trial court's finding of fact which is not relied upon by an appellate court in affirming a judgment is conclusive against one of the parties who brings a subsequent suit against a nonparty, in which the fact is in issue.
The Court of Common Pleas of Erie County, McCLELLAND, J., having by implication determined the question in the affirmative, issued summary judgment in favor...
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