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KILMER v. COM., DEPT. OF TRANSP.

132 Pa.Commw. 538 (1990)

573 A.2d 659

Shelley Ruth KILMER and Thomas R. Kilmer, her husband Myles Kilmer, a minor, by Shelley Ruth Kilmer, Mother and Natural Guardian v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant. (Two Cases) Stanley J. ELY, Individually and as Administrator of the Estate of Gwendolyn R. Ely, Deceased v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION et al. Kenneth R. ELY, Individually and as Administrator of the Estate of Dessa H. Ely, Deceased v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION et al.

Commonwealth Court of Pennsylvania.

Decided April 19, 1990.

Reargument Denied May 25, 1990.

Attorney(s) appearing for the Case

James R. Moyles, Sr. Deputy Atty. Gen., for appellant.

Laurence M. Kelly, Kelly & Kelly, Montrose, and Timothy O. Foley, for appellees.

Before DOYLE and SMITH, JJ., and BARRY, Senior Judge.

DOYLE, Judge.

Before us for consideration are consolidated appeals by the Department of Transportation (Department) from two orders entered on July 20, 1989 by the Court of Common Pleas of Susquehanna County which denied the Department's motions for judgment on the pleadings. The court amended its orders on September 8, 1989 to allow the Department to take an interlocutory appeal to this Court pursuant to...

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