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KELSO et al. v. MIELCAREK

226 Pa.Super. 476 (1973)

Kelso et al., Appellants, v. Mielcarek, Jr.

Superior Court of Pennsylvania.

December 11, 1973.

Attorney(s) appearing for the Case

Alfred V. Papa, for appellants.

Robert B. Truel, with him John F. Ploeger, and Truel and Ploeger, for appellee.

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

OPINION PER CURIAM, December 11, 1973:

Judgment affirmed.

CONCURRING OPINION BY HOFFMAN, J.:

I join in this Court's Per Curiam Order, but feel constrained to express my disapproval of the reaffirmance of interspousal immunity, especially where the doctrine is invoked to bar suit between spouses for a pre-marital tort.

On September 21, 1969, minor appellant Beth Ann Kelso, then single, was...

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