JAMES A. MANN, INC. v. U. DARBY SCH. D. ET AL.

No. 92 T.D. 1985.

99 Pa.Commw. 276 (1986)

513 A.2d 528

James A. Mann, Inc. v. Upper Darby School District and Paul W. Getz, Individually and Paul W. Getz and Associates, Architect, P.C. Upper Darby School District, Appellant.

Commonwealth Court of Pennsylvania.

July 29, 1986.


Attorney(s) appearing for the Case

Charles T. Roessing, with him, I. Steven Levy, White and Williams, for appellant.

Richard E. Geschke, Jr., with him, Hugh J. Hutchison, Sprecher, Felix, Visco, Hutchison & Young, for appellee.

Argued June 12, 1986, before Judge MacPHAIL, and Senior Judges ROGERS and BARBIERI, sitting as a panel of three.


OPINION BY SENIOR JUDGE BARBIERI, July 29, 1986:

This is an appeal by the Upper Darby School District (District) from an Order of March 11, 1985, in the Court of Common Pleas of Delaware County, which denied the District leave to amend its answer to the complaint in trespass and assumpsit filed by the plaintiff, James A. Mann, Inc. The District desired to amend its answer to include the affirmative defenses of governmental immunity and statute of limitations. We reverse...

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