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NORTHAMPTON CTY. AREA COMMUNITY COLLEGE v. DOW CHEM.

389 Pa.Super. 11 (1989)

566 A.2d 591

NORTHAMPTON COUNTY AREA COMMUNITY COLLEGE and Northampton County Area Community College Authority v. DOW CHEMICAL, U.S.A., Masonry Systems of Pennsylvania, Inc., a/k/a Gramar, Inc., Wallace and Watson Associates, Successor in Interest to Coston Wallace Watson, James T. Hartnett Construction Co., Inc., and Clarence B. Haney Mason Contractor, Inc., and Truett Coston, William Wallace and William Watson, Individually and t/a Coston, Wallace and Watson. Appeal of WALLACE AND WATSON ASSOCIATES, Successor in Interest to Coston, Wallace, Watson, James T. Hartnett Construction Company, Inc.: Truett Coston, William Wallace and William Watson, Individually and t/a Coston, Wallace and Watson, Appellants. NORTHAMPTON COUNTY AREA COMMUNITY COLLEGE and Northampton County Area Community College Authority, Appellants, v. DOW CHEMICAL, U.S.A., Masonry Systems of Pennsylvania, Inc., a/k/a Gramar, Inc., Wallace and Watson Associates, Successor in Interest to Coston Wallace Watson, James T. Hartnett Construction Co., Inc., and Clarence B. Haney Mason Contractor, Inc. and Truett Coston, William Wallace and William Watson, Individually and t/a Coston, Wallace and Watson.

Supreme Court of Pennsylvania.

Filed October 2, 1989.

Reargument Denied December 7, 1989.

Attorney(s) appearing for the Case

Susanne Longenhagen, Philadelphia, for appellants (at 3006PHL88) and appellees (at 316PHL89).

Shawn Kenny, Harrisburg, for Hartnett Const., appellant (at 3006PHL88) and appellee (at 316PHL89).

Mark A. Welge, Philadelphia, for Dow Chemical, appellee at (3006PHL88 and 316PHL89).

Paul Logan, King of Prussia, for Northampton, appellants (at 316PHL89).

Before BECK, JOHNSON and HOFFMAN, JJ.

JOHNSON, Judge.

Northampton Area Community College (the College) appeals from the trial court's grant of appellee Dow Chemical U.S.A. (Dow)'s motion for summary judgment. We are asked to decide whether a plaintiff community college may defeat a defense of the statute of limitations by asserting the doctrine of nullum tempus occurrit regi (literally, "time does not run against the King." Black's Law Dictionary (4th ed. rev. 1968 at 1217)). Because the legislature...

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