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MODESTA v. SEPTA

No. 392.

18 Pa. D. & C. 3d 666 (1981)

Modesta v. SEPTA

Common Pleas Court of Philadelphia County, Pennsylvania.

April 16, 1981.

Attorney(s) appearing for the Case

Stanley M. Schwarz, for plaintiff.

Stanley V. Sinowitz, for defendant.

GOLDMAN, J., April 16, 1981.

This case comes before the court on defendant SEPTA's preliminary objection in the nature of a motion to dismiss plaintiff's claim in equity for failure to state a cause of action.

The manner in which a court should determine preliminary objections appears in Gekas v. Shapp, 469 Pa. 1, 5-6, 364 A.2d 691, 693 (1976):

"The standards for sustaining preliminary...

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