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STERN ENTER., INC. v. PENN ST. MUT. INS. CO.

223 Pa.Super. 410 (1973)

Stern Enterprises, Inc., Appellant, v. Penn State Mutual Insurance Co.

Superior Court of Pennsylvania.

March 27, 1973.

Attorney(s) appearing for the Case

David F. Alpern, with him Alpern and Alpern, for appellant.

John E. Evans, Jr., with him Evans, Ivory & Evans, for appellees.

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

OPINION PER CURIAM, March 27, 1973:

Plaintiff had contracted for a one-night (September 28, 1970) closed circuit showing in Pittsburgh of a live New York performance of "Oh, Calcutta", and had procured from defendant insurance company a policy of insurance against breakdown of the broadcasting equipment or loss of signal. There was an equipment breakdown and as a result the receipts from the sold tickets had to be refunded to the purchasers. Defendant

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