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KASTNER v. PENNDOT.

No. 1708 C.D. 1976.

46 Pa.Commw. 97 (1979)

Richard Kastner, Plaintiff v. Commonwealth of Pennsylvania, Pennsylvania Department of Transportation, Defendant.

Commonwealth Court of Pennsylvania.

September 19, 1979.

Attorney(s) appearing for the Case

Robert E. Cherwony, with him Wilbur Greenberg, and, of counsel, Sidkoff, Pincus, Greenberg & Green, P.C., for plaintiff.

Stuart J. Moskovitz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for defendant.

Argued March 21, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

OPINION BY JUDGE MacPHAIL, September 19, 1979:

On October 5, 1976, Richard Kastner (Plaintiff) filed a complaint in trespass within our original jurisdiction against the Pennsylvania Department of Transportation (Department). The Department filed preliminary objections to Plaintiff's complaint on the basis of sovereign immunity. On October 26, 1977, this Court, per President Judge BOWMAN, sustained the Department's preliminary objections and dismissed the complaint...

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