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  5. 22 Pa.Commw. 325 (1975)
 

HEIFETZ, ET AL. v. PHILA. STATE HOSP., ET AL.

No. 4 Tr. Dkt. 1975.

22 Pa.Commw. 325 (1975)

Melvin Heifetz and Arnold Levit, t/a Commodore Apartments, Plaintiffs v. Philadelphia State Hospital, A.S. Tornay, M.D. and Daniel Blain, M.D., Defendants.

Commonwealth Court of Pennsylvania.

December 11, 1975.

Attorney(s) appearing for the Case

Elizabeth M. McKenna, with her John J. O'Brien, Jr., for plaintiffs.

Glenn Gilman, Assistant Attorney General, with him Michael Von Moschzisker, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant, Hospital.

Edwin L. Scherlis, for defendants, Tornay and Blain.

Argued October 6, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, December 11, 1975:

This case is an action for indemnity by Melvin Heifetz and Arnold Levit, trading as Commodore Apartments (plaintiffs), against Philadelphia State Hospital, a former superintendent of the institution and a psychiatrist in its employ (defendants). We must dismiss the action.

On June 7, 1974, a judgment in the amount of $175,000.00 was entered against plaintiffs, as defendants in a prior action, for the negligent...

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