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BAKER v. GREENWOOD FIREMAN & RELIEF ASSN.

No. 83-223.

38 Pa. D. & C. 3d 175 (1985)

Baker v. Greenwood Village Volunteer Fireman and Relief Assn., Inc.

Common Pleas Court of Butler County, Pennsylvania.

December 11, 1985.

Attorney(s) appearing for the Case

Thomas J. Doerr, for plaintiffs.

Richard W. Givan, for defendants.

BRYDON, J., December 11, 1985.

The test a court uses in ruling on a demurrer in the form of a preliminary objection is whether, upon the facts averred, it is clear and free from doubt that the pleader will be unable to prove facts legally sufficient to establish his rights to relief. Firing v. Kephart, 466 Pa. 560, 353 A.2d 833 (1976). The issue raised by a demurrer is not whether applicable...

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