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PennDOT v. POPOVICH

No. 235 C.D. 1987.

117 Pa.Commw. 14 (1988)

542 A.2d 1056

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Paul Joseph Popovich, to the use of Aetna Casualty and Surety Company and American States Insurance Company, Appellees.

Commonwealth Court of Pennsylvania.

June 9, 1988.

Attorney(s) appearing for the Case

Brian H. Baxter, Senior Deputy Attorney General, with him, Mark E. Garber, Chief, Tort Litigation Unit, and LeRoy S. Zimmerman, Attorney General, for appellant.

Louis C. Long, with him, Louis B. Loughren and Gregory F. Buckley, Meyer, Darragh, Buckler, Bebenek & Eck, for appellees.

Argued March 23, 1988, before Judges DOYLE and BARRY, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, June 9, 1988:

This matter comes before us on appeal of an interlocutory order of the Washington County Court of Common Pleas. On February 2, 1987, the parties filed a Joint Petition for Review from the trial court's order of December 11, 1986, denying a motion for summary judgment brought by the Pennsylvania Department of Transportation (DOT). Prior to filing the joint petition, DOT had filed a motion with the trial court asking it...

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