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KITCHEN et al. v. WILKINSBURG S. DIST.

222 Pa.Super. 479 (1972)

Kitchen et al., Appellants, v. Wilkinsburg School District.

Superior Court of Pennsylvania.

September 26, 1972.

Attorney(s) appearing for the Case

Leonard A. Costa, Jr., with him Robert Rade Stone, for appellants.

Arthur R. Gorr, with him Stein & Winters, for appellees.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, CERCONE, and PACKEL, JJ. (SPAULDING, J., absent).

OPINION PER CURIAM, September 26, 1972:

Orders affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

This is an appeal from the order of the court below sustaining appellees' preliminary objections to the amended complaint. The lower court sustained the preliminary objections because it found that the appellees were engaged in a governmental function and were therefore immune from liability in tort.

In the summer of 1966 the two minor appellants, aged...

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