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WALASAVAGE v. NATIONWIDE INS. CO.

Civ. A. No. 85-6570.

633 F.Supp. 378 (1986)

Helen M. WALASAVAGE, Administratrix of the Estate of Francis R. Walasavage, deceased v. NATIONWIDE INSURANCE COMPANY.

United States District Court, E.D. Pennsylvania.

April 8, 1986.

Attorney(s) appearing for the Case

Thomas B. Rutter, Philadelphia, Pa., for plaintiff.

Curtis P. Cheney, III, Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

TROUTMAN, Senior District Judge.

This case requires the Court to determine whether a Pennsylvania statute, 42 Pa.Con.Stat.Ann. §§ 5351-5354 (Wrongful Use of Civil Proceedings; the "Dragonetti Act"), which codifies the common law tort of malicious use of civil proceedings, may be used to impose additional liability upon a defendant who pursues an allegedly frivolous appeal.

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