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COSTA v. FRYE

138 Pa.Commw. 388 (1991)

588 A.2d 97

Helen COSTA, Administratrix of the Estate of Joseph Costa, Deceased and Helen Costa, in her own right, Appellant, v. John FRYE and City of Philadelphia, Appellees.

Commonwealth Court of Pennsylvania.

Decided March 7, 1991.

Attorney(s) appearing for the Case

Jack J. Bulkin, Jack J. Bulkin, P.C., Philadelphia, for appellant.

Miriam B. Brenaman, Asst. City Sol., Philadelphia, for appellees.

Before CRAIG, President Judge, and COLINS, PALLADINO, SMITH, PELLEGRINI, KELLEY and BYER, JJ.

PALLADINO, Judge.

We granted reargument of Costa v. Frye (No. 1650 C.D.1989, filed June 29, 1990) (Costa I),1 for the limited purpose of reconsidering whether the trial court erred in refusing to remove the nonsuit granted to the City of Philadelphia (City) regarding Helen Costa's civil rights action2 against the City.

The facts and procedural posture of this case are fully set forth in...

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