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SHEPPARD CORP. v. CITY OF PHILA. ET AL.

No. 72 T.D. 1985.

97 Pa.Commw. 462 (1986)

509 A.2d 1371

Sheppard Corporation, Appellant v. City of Philadelphia, Raymond M. Tate, Jr., and Robert Hawthorne, Inc., Appellees.

Commonwealth Court of Pennsylvania.

Argued April 7, 1986.

Attorney(s) appearing for the Case

Stephen G. Brown, with him, Michael H. Egnal, Egnal and Egnal, P.A., for appellant.

Mitchell S. Pinsly, with him, Barbara R. Axelrod, Deputy City Solicitor, Appeals, Leonard R. Parks, Chief Assistant City Solicitor, and Barbara W. Mather, City Solicitor, for appellees.

Before Judges MacPHAIL and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, May 28, 1986:

Sheppard Corporation (Appellant) appeals from an order of the Court of Common Pleas of Philadelphia refusing to remove a compulsory non-suit entered against it by the trial court in an order dated October 23, 1984. We affirm.

The issue we must decide is whether the trial judge, Honorable WILLIAM M. MARUTANI, abused his discretion in entering the disputed order.

It appears from the record that a suit in trespass...

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