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ROCKWOOD INS. CO. v. PA. AUTO. INS. PLAN ET AL.

No. 23 T.D. 1979.

50 Pa.Commw. 194 (1980)

Rockwood Insurance Company, Appellant v. Pennsylvania Automobile Insurance Plan et al., Appellees.

Commonwealth Court of Pennsylvania.

March 19, 1980.

Attorney(s) appearing for the Case

Roger C. Peterman, with him Alfred Sarowitz, for movant.

Paul Adams, Assistant Attorney General, with him James R. Farley, Chief Counsel and Edward G. Biester, Jr., Attorney General, for Pennsylvania Insurance Department, respondents.

John J. McClean and Melvin L. Moser, Jr., of Buchanan, Ingersoll, Rodewald, Kyle & Buerger, with him Martin J. Hertz, of Friedlander, Gaines, Cohen, Rosenthal & Rosenberg, for Pennsylvania Automobile Insurance Plan and John R. Murphy, intervening respondents.

Argued November 14, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER and ROGERS. Judges BLATT, DiSALLE, CRAIG and MacPHAIL did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, March 19, 1980:

Appellant Rockwood Insurance Company (Rockwood) has filed a motion to retransfer to the Court of Common Pleas of Somerset County its suit in equity against the Pennsylvania Automobile Insurance Plan (Plan),1 into which the Pennsylvania Insurance Department (Department) has intervened as an additional defendant.2 The trial court transferred the case here pursuant...

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