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SYMBULA v. JOHNS-MANVILLE CORP.

343 Pa.Super. 541 (1985)

495 A.2d 598

Edith SYMBULA, Administratrix of the Estate of Joseph J. Symbula, Deceased and Edith Symbula In Her Own Right, Appellants, v. JOHNS-MANVILLE CORPORATION and Johns-Manville Sales Corp., Raybestos-Manhattan, Inc., Owens-Corning Fiberglas Corp., Forty-Eight Insulation, Inc., Nicolet Industries, Inc., Pittsburgh Corning Corp., GAF Corp., Celotex Corp., Armstrong Cork Company, Unarco Industries, Inc., H.K. Porter Co., Inc., Southern Asbestos Company, Eagle-Picher Industries, Inc., Amatex Corp., Delaware Asbestos and Rubber Company, Pacor, Inc., Fibreboard Corp., Keene Corp., Garlock, Inc., J.P. Stevens, Inc., Turner-Newall, Ltd.

Supreme Court of Pennsylvania.

Filed June 28, 1985.

Attorney(s) appearing for the Case

Martin Greitzer, Philadelphia, for appellants.

Daniel J. Ryan, Jr., Philadelphia, for appellees.

Before TAMILIA, LIPEZ and SHIOMOS, JJ.

TAMILIA, Judge:

This is an appeal from the entry of an Order of summary judgment in the Court of Common Pleas of Philadelphia County. We affirm the Order of summary judgment in favor of appellees regarding the wrongful death action. Because we conclude that the lower court erred in dismissing appellants' survival action as time-barred, we vacate the Order of summary judgment regarding the survivial action and remand with instructions to reinstate the complaint.

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