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GOEHRING v. HARLEYSVILLE MUT. CAS. CO.

460 Pa. 138 (1975)

331 A.2d 457

Frances Isabell GOEHRING, Appellant, v. HARLEYSVILLE MUTUAL CASUALTY CO. et al.

Supreme Court of Pennsylvania.

Decided January 27, 1975.

Attorney(s) appearing for the Case

Daniel M. Berger, C. William Berger, Berger & Kapetan, Pittsburgh, for appellant.

T.A. Tenor, Beaver Falls, Harold Reed, Jr., Reed, Sohn, Reed & Kunselman, David L. Gropp, Baldwin & Gropp, Beaver, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

This is an equity proceeding to rescind a release given by plaintiff on the grounds of fraud, undue influence, and lack of capacity. Because the release was also involved in an action pending in the federal courts, the trial court sustained preliminary objections to jurisdiction, holding that the federal court's jurisdiction over the subject matter of the action was exclusive. This direct appeal followed.

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