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  5. 38 Pa.Commw. 187 (1978)
 

CITY OF PITTSBURGH v. RUE ET AL.

Nos. 759 and 1201 C.D. 1977.

38 Pa.Commw. 187 (1978)

City of Pittsburgh, Appellant v. Wilson Rue, City Tank Corp., a corporation and Equipment and Supplies, Inc., a corporation, Appellees. Wilson Rue v. City Tank Corporation and Equipment and Supplies, Inc. v. City of Pittsburgh, Appellant.

Commonwealth Court of Pennsylvania.

October 17, 1978.

Attorney(s) appearing for the Case

Toni J. Bione, Assistant City Solicitor, with him Mead J. Mulvihill, Jr., City Solicitor, for appellant.

James R. Miller, with him Randall J. McConnell, Jr.; Dickie, McCamey & Chilcote; Robert G. Simasek; and Stein & Winters, for appellees.

Argued May 5, 1978, before Judges CRUMLISH, JR., WILKINSON, JR. and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, October 17, 1978:

The City of Pittsburgh (City) has appealed from two orders of the Court of Common Pleas of Allegheny County, both of which concerned its right to subrogation pursuant to Section 319 of The Pennsylvania Workmen's Compensation Act1 (Act), 77 P.S. § 671.2

Wilson Rue (Rue) was employed by the City when he sustained injuries due to an alleged malfunction

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