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SAFEGUARD MUT. INS. CO. v. INS. COMR.

No. 273 C.D. 1978.

48 Pa.Commw. 235 (1980)

Safeguard Mutual Insurance Company, Appellant v. Commonwealth of Pennsylvania, Insurance Commissioner of the Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

January 3, 1980.

Attorney(s) appearing for the Case

Malcolm H. Waldron, Jr., for appellant.

Joseph F. Lynch, Deputy Attorney General, with him Benjamin Levin, Assistant Attorney General, for appellee.

Argued October 2, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, DiSALLE and MacPHAIL. Judges MENCER and CRAIG did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, January 3, 1980:

This appeal is from an order of the lower court dismissing defendant-appellant's "amended counterclaim in recoupment," which is the last in a series of counterclaims and amended counterclaims which the lower court had permitted to be filed. The action originated when the plaintiff-appellee, Insurance Commissioner of the Commonwealth of Pennsylvania (Commissioner), filed a complaint in assumpsit against the defendant...

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