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KUZMICS v. SANTIAGO

256 Pa.Super. 35 (1978)

389 A.2d 587

Joseph KUZMICS and Ann Kuzmics, Appellants, v. Manuel SANTIAGO, Conway W. Gift, and the City of Bethlehem.

Superior Court of Pennsylvania.

Decided July 12, 1978.

Attorney(s) appearing for the Case

William G. Ross, Bethlehem, with him Sigmon, Littner & Ross, Bethlehem, for appellants.

No appearance entered nor brief submitted for appellee, Conway W. Gift.

Robertson B. Taylor, Bethlehem, for appellee, City of Bethlehem.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

JACOBS, President Judge:

This appeal is taken from an order of the court en banc denying appellants' motion to remove a compulsory nonsuit entered in favor of the City of Bethlehem. The sole issue for our consideration is whether the court erred in refusing to take off the nonsuit. For the following reasons, we hold that it did, and consequently reverse the order of the court below and remand for trial.

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