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TOMB v. MATLACK, INC. ET AL.

No. 980 C.D. 1981.

68 Pa.Commw. 48 (1982)

Sara Miller Tomb, Administratrix of the Estate of Beverly Diane Tomb, Deceased et al. v. Matlack, Inc. et al. Borough of Ellwood City, Appellant.

Commonwealth Court of Pennsylvania.

July 29, 1982.

Attorney(s) appearing for the Case

Charles W. Garbett, Luxenberg & Garbett, for appellant.

Richard L. Rosenzweig, Rosenzweig, Rosenzweig & Burton, with him Brian H. Baxter, for appellee, Matlack, Inc.

Argued May 3, 1982, before Judges ROGERS, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE BLATT, July 29, 1982:

Before us is the appeal of the Borough of Ellwood City (Borough) of the orders of the Court of Common Pleas of Allegheny County striking off a discontinuance, and the motion to quash filed by the appellee, Matlack, Inc. (Matlack).

Beverly Diane Tomb and Dail F. Tomb, III were killed in an automobile-truck accident and an action for Wrongful Death and Survival was initiated by their survivors against Matlack, the owner...

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