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THOMAS MERTON CENTER v. ROCKWELL INTERN.

280 Pa.Super. 213 (1980)

421 A.2d 688

The THOMAS MERTON CENTER, a nonprofit Pennsylvania corporation and the Stop The B-1 Bomber Task Force of the Thomas Merton Center, an unincorporated nonprofit association, v. ROCKWELL INTERNATIONAL CORPORATION, a corporation, and Crosby M. Kelly, an individual. Appeal of The THOMAS MERTON CENTER.

Superior Court of Pennsylvania.

Filed August 8, 1980.

Petition for Allowance of Appeal Granted February 23, 1981.

Attorney(s) appearing for the Case

Vincent A. Colianni, Pittsburgh, for appellant.

Thomas R. Johnson, Pittsburgh, for Rockwell, appellee.

James D. Morton, Pittsburgh, for Kelly, appellee.

Before SPAETH, HOFFMAN and VAN der VOORT, JJ.

HOFFMAN, Judge:

Appellant contends that the lower court erred in granting judgment on the pleadings in favor of appellee in this defamation action. We agree and, accordingly, reverse the order of the lower court and remand for further proceedings.

Under Pa.R.C.P. 1034, a motion for judgment on the pleadings may be granted in cases which are so free from doubt that a trial would clearly be a fruitless...

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