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TWP. OF KENNEDY v. OHIO V. GEN. HOSP.

No. 1048 C.D. 1985.

101 Pa.Commw. 536 (1986)

516 A.2d 1313

Township of Kennedy, a municipal corporation, Appellant v. Ohio Valley General Hospital, Appellee.

Commonwealth Court of Pennsylvania.

October 27, 1986.

Attorney(s) appearing for the Case

Joseph J. Pass, Jr., with him, Joel B. Gold, Jubelirer, Pass & Intrieri, P.C., for appellant.

Arthur H. Stroyd, Jr., with him, Michael J. Betts, Reed, Smith, Shaw & McClay, for appellee.

Argued June 13, 1986, before Judges MacPHAIL and COLINS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, October 27, 1986:

The Township of Kennedy (Township) appeals from an order of the Court of Common Pleas of Allegheny County which denied its exceptions to a declaratory judgment entered by the Court against it on March 28, 1985. We reverse and remand.

The case was submitted to the Common Pleas Court on a set of stipulated facts. The pertinent facts are as follows:

6. Prior to 1949 the Ohio Valley General Hospital [(Hospital...

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