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W. W. COAL CO. v. PA. NAT'L MUT. INS. CO.

No. 225 of 1974.

75 Pa. D. & C. 2d 621 (1975)

W. W. Coal Co. v. Pennsylvania National Mutual Casualty Insurance Co.

Common Pleas Court of Somerset County, Pennsylvania.

March 3, 1975.

Attorney(s) appearing for the Case

Samuel D. Clapper and Barbera & Barbera, for plaintiff.

Frank A. Orban, Jr., and William L. Kimmel, of Kimmel & Rascona, for defendants.

COFFROTH, P. J., March 3, 1975.

This case is here on preliminary objections filed by both defendants to plaintiffs' complaint raising the questions of the recoverability of punitive damages and the sufficiency of the averments to support such claim.

Defendants assert that despite the labeling of a count of the complaint in trespass in which the punitive damages are claimed, all counts sound in contract...

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