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PERRY v. MIDDLE ATL. LUMBERMENS ASS'N

373 Pa.Super. 554 (1988)

542 A.2d 81

Elsie PERRY and Charles DiFerdinando as Parents and as Natural and Appointed Guardians of Joseph DiFerdinando an Incompetent v. MIDDLE ATLANTIC LUMBERMENS ASSOCIATION and State Mutual Life Assurance Company of America (Insurance & Pension Division). Appeal of STATE MUTUAL LIFE ASSURANCE COMPANY OF AMERICA.

Supreme Court of Pennsylvania.

Filed April 12, 1988.

Reargument Denied June 9, 1988.

Attorney(s) appearing for the Case

George G. O'Brien, Philadelphia, for appellant.

Roger J. Harrington, Philadelphia, for appellees.

Before CIRILLO, President Judge, and McEWEN and MONTEMURO, JJ.

MONTEMURO, Judge:

Appellant, State Mutual Insurance Company, appeals from an order granting summary judgment in favor of appellees, Elsie Perry and Charles DiFerdinando, acting as appointed guardians of Joseph DiFerdinando. We affirm, but base our decision on a rationale different from that adopted by the trial court.

This matter was heard as a case stated on a stipulation of facts. Joseph DiFerdinando was employed as a laborer by Hatboro Lumber and Fuel Company...

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