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BOWERS v. HUFFY CORP.

Civ. A. No. 88-5172.

741 F.Supp. 1187 (1990)

Marie BOWERS, Individually, and Sara Bowers, parent and natural guardian of Marie Bowers, and Sara Bowers, Individually v. HUFFY CORPORATION and Hills Department Stores and Y.L.C. Enterprises, Inc. and Kosta Realty, Inc., Aetna Warehousing Company, City of Pottsville and Lee S. Miller.

United States District Court, E.D. Pennsylvania.

June 29, 1990.

Attorney(s) appearing for the Case

Martin Cohen, Jerry R. Knafo, Easton, Pa., for plaintiffs.

Frank N. Gallagher, Doylestown, Pa., for defendants, Huffy and Y.L.C.

Terance P. Kennedy, Philadelphia, Pa., for defendant Hills.

Bradford H. Charles, Lebanon, Pa., for defendant Kosta.

Richard A. Bausher, Reading, Pa., for defendant Pottsville.

Frank L. Tamulonis, Jr., Pottsville, Pa., for defendant Miller.

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

This diversity case comes before us by way of the motion of the third-party defendant City of Pottsville for summary judgment. The City claims that suit may not be brought against it because of governmental immunity under the Political Subdivision Tort Claims Act, 42 Pa.Cons.Stat.Ann. § 8541 et seq. (Purdon 1982). The standards for granting summary judgment are well-known.

Fed.R.Civ.P. 56(c) instructs...

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