MIMS v. CITY OF PHILADELPHIA


267 Pa.Super. 129 (1979)

406 A.2d 552

Fred MIMS and Claudia Mims, Appellants, v. CITY OF PHILADELPHIA.

Superior Court of Pennsylvania.

Decided June 15, 1979.


Attorney(s) appearing for the Case

Barbara E. Etkind, Philadelphia, for appellants.

Agostino Cammisa, Assistant City Solicitor, Philadelphia, for appellee.

Before PRICE, SPAETH and LIPEZ, JJ.


PRICE, Judge:

This appeal involves an action in trespass brought by appellants against appellee, and is taken from an order entered March 27, 1978, granting appellee's motion for judgment on the pleadings and dismissing the complaint. The propriety of the order and action here involved is dependent upon an earlier dismissal of appellants' preliminary objections by the same court, with a different judge presiding, on August 15, 1977.

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