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BUTLER ET UX. v. CITY OF PGH.

No. 62 T.D. 1986.

113 Pa.Commw. 406 (1988)

537 A.2d 112

Charles A. Butler and Beth Butler, his wife v. City of Pittsburgh, Marco Scoratow and Betty Scoratow, his wife, and Freda Morgan. Charles Butler, Appellant.

Commonwealth Court of Pennsylvania.

February 12, 1988.

Attorney(s) appearing for the Case

Allan M. Cox, with him, John A. Caputo, John A. Caputo & Associates, for appellant.

Zan Ivan Hodzic, Assistant City Solicitor, for appellee, City of Pittsburgh.

Argued October 8, 1987, before Judges BARRY and COLINS, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY SENIOR JUDGE NARICK, February 12, 1988:

Charles A. Butler (Butler)1 has appealed from a trial court's denial of his motion to remove the compulsory non-suit entered in favor of the City of Pittsburgh (City).2

In reviewing an appeal from a compulsory non-suit, an appellant must be given the benefit of all favorable testimony, together...

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