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KEMERY v. PA. FISH COMMISSION ET AL.

No. 1735 C.D. 1978.

46 Pa.Commw. 47 (1979)

Mary Patricia Kemery, Administratrix of the Estate of Barry R. Kemery, Deceased, Plaintiff v. Commonwealth of Pennsylvania, Pennsylvania Fish Commission et al., Defendants.

Commonwealth Court of Pennsylvania.

September 17, 1979.

Attorney(s) appearing for the Case

Thomas J. Corrigan, Jr., for plaintiff.

Barbara A. Brown, Assistant Attorney General, with her John L. Sweezy, Chief Attorney of Unit, Theodore A. Adler, Chief Counsel, Department of General Services, and Edward G. Biester, Jr., Attorney General, Alan Dion, Jan E. DuBois, William F. Sullivan, Jr., and Post & Schell, P.A., for defendants.

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

OPINION BY JUDGE WILKINSON, JR., September 17, 1979:

This is an action in trespass brought against the Commonwealth of Pennsylvania (Commonwealth), the Pennsylvania Fish Commission (Commission), William Fink (a servant, agent or employee of the Commission), Lower Bucks Hospital and three licensed physicians, Cappiello, Tucker and Chamberlain. The fundamental facts, as alleged in the complaint, are that plaintiff's decedent was shot and wounded by defendant Fink on...

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