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PENNDOT v. LISHON ET AL.

No. 493 C.D. 1977.

46 Pa.Commw. 90 (1979)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Evelyn M. Lishon et al., Appellees.

Commonwealth Court of Pennsylvania.

September 18, 1979.

Attorney(s) appearing for the Case

Stuart M. Bliwas, Assistant Attorney General, with him Robert W. Cunliffe. Deputy Attorney General-Chief Counsel, and Edward G. Biester, Jr., Acting Attorney General, for appellant.

Carl K. Zucker, with him Harry Norman Ball, and Cohen, Shapiro, Polisher, Shiekman and Cohen, for appellees.

Argued September 26, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, DiSALLE and MacPHAIL. Judges MENCER and CRAIG did not participate. Reargued March 22, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

OPINION BY JUDGE ROGERS, September 18, 1979:

This is a suit in equity against the Commonwealth of Pennsylvania. An issue is the Commonwealth's immunity as sovereign. The suit was begun prior to July 14, 1978, the date on which the Pennsylvania Supreme Court abrogated sovereign immunity. Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978). The case was first argued in...

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