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DOUGHERTY ET AL. v. CAT. LOSS FUND

No. 3061 C.D. 1985.

106 Pa.Commw. 424 (1987)

526 A.2d 1241

Dawn Dougherty and Joseph P. Dougherty, Petitioners v. Commonwealth of Pennsylvania, Catastrophe Loss Fund, Respondent.

Commonwealth Court of Pennsylvania.

June 4, 1987.

Attorney(s) appearing for the Case

Daniel L. Thistle, Beasley, Hewson, Casey, Colleran, Erbstein & Thistle, for petitioners.

Carl Vaccaro, Deputy Attorney General, with him, Andrew S. Gordon, Chief Deputy Attorney General Chief, Litigation Section, LeRoy S. Zimmerman, Attorney General, for respondent.

Argued April 21, 1987, before Judges CRAIG, and DOYLE, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, June 4, 1987:

Dawn and Joseph P. Dougherty, the petitioners, move for partial summary judgment in this mandamus action brought against the Catastrophe Loss Fund (the fund) to compel the fund's payment of a portion of a judgment rendered against two physicians.

According to the pleadings, on May 7, 1984, a Philadelphia Court of Common Pleas jury returned a verdict in favor of...

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