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POCONO INTERN. RACEWAY v. POCONO PRODUCE

305 Pa.Super. 466 (1982)

451 A.2d 741

POCONO INTERNATIONAL RACEWAY INC., Appellant, v. POCONO PRODUCE INC. and United States Fidelity and Guaranty Company.

Superior Court of Pennsylvania.

Filed October 8, 1982.

Petition for Allowance of Appeal Granted February 7, 1983.

Attorney(s) appearing for the Case

John B. Dunn, Stroudsburg, for appellant.

Matthew R. Sorrentino, Bethlehem, for appellee.

Before BROSKY, POPOVICH and MONTGOMERY, JJ.

POPOVICH, Judge:

This appeal originates from a grant of summary judgment in favor of appellee. We reverse. The action arose out of a tunnel collapse at the Pocono International Raceway. The tunnel runs underneath the roadbed of the raceway and connects the infield with the outside of the track. On June 27, 1980, appellant, Pocono International Raceway, filed a trespass action against appellee, Pocono Produce, alleging that on or about June 15, 1978, one of appellee...

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