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MUNTAN v. CITY OF MONONGAHELA

No. 1228 C.D. 1977.

45 Pa.Commw. 23 (1979)

James A. Muntan, Appellant v. City of Monongahela, Appellee.

Commonwealth Court of Pennsylvania.

August 9, 1979.

Attorney(s) appearing for the Case

E.J. Julian, for appellant.

Stephen P. McCloskey, for appellee.

Submitted on briefs, May 4, 1978, to Judges MENCER, ROGERS and DiSALLE, sitting as a panel of three. Reargued May 8, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and MacPHAIL. Judges DiSALLE and CRAIG did not participate.

OPINION BY JUDGE MENCER, August 9, 1979:

James A. Muntan (plaintiff) appeals from an order of the Court of Common Pleas of Washington County sustaining the preliminary objection of the City of Monongahela to plaintiff's complaint in trespass. We reverse.

Plaintiff is an individual who operates a welding business in the City of Monongahela. His complaint makes the following allegations:

3. At all times herein mentioned, Officers Bosco and McMahan were...

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