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McDONOUGH v. SHAPP ET AL.

No. 1313 C.D. 1973.

28 Pa.Commw. 252 (1977)

Betty McDonough, Plaintiff v. The Honorable Milton J. Shapp, Governor of the State of Pennsylvania, and the Honorable Grace M. Sloan, Treasurer of the State of Pennsylvania, Defendants.

Commonwealth Court of Pennsylvania.

January 19, 1977.

Attorney(s) appearing for the Case

Harry R. Nixon, with him Schneider, Nixon & John, for plaintiff.

Joseph W. McGuire, Deputy Attorney General, with him J. Justin Blewitt, Jr., Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant.

Argued December 9, 1976, before Judges KRAMER, WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, January 19, 1977:

Betty McDonough, a citizen and taxpayer of Pennsylvania, has sued the Governor and State Treasurer in mandamus, seeking an order of this Court that the defendants discontinue payment of premiums on and cancel insurance policies providing liability coverage of State employees. Her complaint asserts that because State employees are immune from liability for acts of ordinary negligence, the liability insurance taken out by defendants...

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