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KOZURA v. A & J QUAL. S., INC.

No. 2695 C.D. 1986.

117 Pa.Commw. 9 (1988)

542 A.2d 637

Anna Kozura and John Kozura, her husband, Appellants v. A & J Quality Shoppe, Inc. and Borough of Minersville, Appellees.

Commonwealth Court of Pennsylvania.

June 8, 1988.

Attorney(s) appearing for the Case

John W. Craynock, Anapol, Schwartz, Weiss & Schwartz, P.C., for appellants.

Frank L. Tamulonis, Jr., Zimmerman, Lieberman & Derenzo, for appellee, Borough of Minersville.

Argued February 25, 1988, before Judges CRAIG, McGINLEY and SMITH, sitting as a panel of three.

OPINION BY JUDGE SMITH, June 8, 1988:

Appellants Anna and John Kozura, (Plaintiffs below), appeal from an order of the Schuylkill County Court of Common Pleas granting summary judgment to Appellee Borough of Minersville (Defendant) pursuant to Section 8542(b) of the Governmental Immunities Act.1 We reverse and remand.

The sole issue on appeal is whether the trial court erred as a matter of law in granting Defendant's motion for...

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