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MANUELLA ET UX. v. SORGENFREI ET AL.

No. 2196 C.D. 1977.

46 Pa.Commw. 111 (1979)

William Manuella and Barbara Manuella, his wife, Plaintiffs v. O.F. Sorgenfrei and T. Robert Kealey et al., Defendants.

Commonwealth Court of Pennsylvania.

September 19, 1979.

Attorney(s) appearing for the Case

Paul Crowley, with him Wilfred F. Lorry, for plaintiffs.

Richard S. Herskovitz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for defendant, Commonwealth.

Joel D. Gusky, with him Bruce D. Lombardo, for defendants, O.F. Sorgenfrei, T. Robert Kealey, Robert D. Hutton, William B. Conway and Robert B. Felsburg.

Argued March 22, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

OPINION BY JUDGE MENCER, September 19, 1979:

William and Barbara Manuella filed a complaint in trespass in this Court against the Pennsylvania Department of Transportation (PennDOT), against certain individuals trading as Modjeski, Masters & Chase (MM & C), and against J. Rich Steers (Steers), a general contractor. PennDOT filed an answer and moved for judgment on the pleadings on the basis of sovereign immunity. MM & C filed an answer and, by way of new...

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