GEORGIANA v. UMW


392 Pa.Super. 58 (1990)

572 A.2d 232

Mark A. GEORGIANA, Appellant, v. UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION, an Unincorporated Association, by Richard TRUMPKA, Trustee Ad Litem, and District 4, United Mine Workers of America, an Unincorporated Association by David Menhart, Trustee Ad Litem, Richard Trumpka, also known as Richard L. Trumpka, as President of United Mine Workers of America, International, and David Menhart, also known as David W. Menhart, Individually and as President of District 4, United Mine Workers of America, an Unincorporated Association, and Stephen Webber, also known as Stephen F. Webber, and James T. Davis, Individually and as a General Partner in the Firm of Davis & Davis.

Supreme Court of Pennsylvania.

Filed March 27, 1990.


Attorney(s) appearing for the Case

Robert A.W. King, Greensburg, for appellant.

Kathryn L. Simpson, Pittsburgh, for Davis, appellee.

Before CIRILLO, President Judge, and WIEAND and HOFFMAN, JJ.


HOFFMAN, Judge:

This appeal is from an order granting appellees' preliminary objections in the nature of a demurrer and dismissing appellant's complaint for wrongful use of civil proceedings. Appellant contends that the trial court erred in granting the demurrer because it failed properly to consider all of the well-pleaded facts in his complaint. For the following reasons, we reverse the order below and remand for proceedings consistent with this Opinion.

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