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LEONARD ET AL. v. BORO. OF HONESDALE ET AL.

No. 370 C.D. 1976.

32 Pa.Commw. 114 (1977)

Frederick J. Leonard and Doris V. Leonard, Plaintiffs v. Commonwealth of Pennsylvania, Department of Military Affairs, Borough of Honesdale and John Keegan, Mayor of the Borough of Honesdale, Pennsylvania.

Commonwealth Court of Pennsylvania.

October 5, 1977.

Attorney(s) appearing for the Case

Stephen Jennings, with him Richard D. Ballou, William C. Costopoulos, and Kollas and Costopoulos, for plaintiffs.

Cody H. Brooks, with him Lawrence M. Ludwig; Henkelman, McMenamin, Kreder & O'Connell; Bartholomew J. DeLuca, Jr., Deputy Attorney General; J. Justin Blewitt, Jr., Deputy Attorney General; and Robert P. Kane, Attorney General, for defendants.

Submitted on briefs, September 13, 1977, to President Judge BOWMAN and Judges MENCER and BLATT, sitting as a panel of three.

PER CURIAM, October 5, 1977:

Plaintiffs Frederick J. and Doris V. Leonard, invoking the original jurisdiction of this Court, filed a complaint in trespass alleging negligent maintenance of building facilities by defendants, Department of Military Affairs (Department), the Borough of Honesdale (Borough), and John Keegan, Mayor of the Borough. The pertinent factual averments are as follows.

The Department, a department within the executive branch of the State...

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