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McDEVITT v. TERMINAL WAREHOUSE CO.

346 Pa.Super. 186 (1985)

499 A.2d 374

Frank McDEVITT, Appellant, v. TERMINAL WAREHOUSE COMPANY and Scott Brothers, Division of Pennsylvania Truck Lines, Inc., Appellees.

Supreme Court of Pennsylvania.

Filed August 9, 1985.

Reargument Denied October 22, 1985.

Attorney(s) appearing for the Case

George J. O'Neill, Philadelphia, for appellant.

Richard A. Kolb, Philadelphia, for Terminal Warehouse, appellee.

Roger B. Wood, Philadelphia, for Pennsylvania Truck Lines, appellee.

Before WIEAND, MONTEMURO and CERCONE, JJ.

WIEAND, Judge:

If, in an action filed against a third party tortfeasor prior to February 5, 1975,1 an employee obtains a verdict allowing a joint recovery against the third party tortfeasor and the employer, who was joined as an additional defendant, may the employee recover any part of his counsel fees from the employer or from the third party tortfeasor? We conclude, in keeping with...

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