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CITY OF PHILADELPHIA v. BUCK

138 Pa.Commw. 250 (1991)

587 A.2d 875

CITY OF PHILADELPHIA, Petitioner, v. John BUCK and Margaret Buck, his wife, Respondents.

Commonwealth Court of Pennsylvania.

Decided February 28, 1991.

Petition for Allowance of Appeal Denied August 19, 1991.

Attorney(s) appearing for the Case

Charisse Lillie, City Sol., with her, Norma S. Weaver, Chief Deputy, Miriam B. Brenaman, Deputy Sol. for Appeals and Alan C. Ostrow, Chief Asst. City Sol., Philadelphia, for petitioner.

Sonia M. Silverstein, Wilson & Silverstein, Philadelphia, for respondents.

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

SMITH, Judge.

The City of Philadelphia (City) appeals from the April 27, 1990 order of the Court of Common Pleas of Philadelphia County overruling preliminary objections of the City in the nature of a demurrer to the complaint filed by John Buck and Margaret Buck (Bucks), husband and wife. In its preliminary objections, the City asserted a governmental immunity under the Political Subdivision Tort Claims Act.1

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