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SUTMIRE v. ANDREWS ET AL.

No. 2087 C.D. 1986.

108 Pa.Commw. 90 (1987)

529 A.2d 68

Stephen D. Sutmire v. Theodora Andrews and Harry N. Andrews v. The Municipality of Monroeville. Theodora Andrews and Harry N. Andrews, Appellants.

Commonwealth Court of Pennsylvania.

July 29, 1987.

Attorney(s) appearing for the Case

Louis C. Long, Meyer, Darragh, Buckler, Bebenek and Eck, for appellants.

Mark F. McKenna, Mazzotta & Winters, P.C., for appellee, Municipality of Monroeville.

Argued May 19, 1987, before Judges MacPHAIL and DOYLE, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE DOYLE, July 29, 1987:

Theodora and Harry Andrews (Appellants) appeal from an order of the Court of Common Pleas of Allegheny County, which granted summary judgment to the Municipality of Monroeville (Monroeville) in Appellant's third-party action against Monroeville. We affirm.

On March 12, 1983, Stephen D. Sutmire (Sutmire), a Monroeville police officer, was on patrol when his police

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