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HUTCHISON v. LUDDY

414 Pa.Super. 138 (1992)

606 A.2d 905

Samuel C. HUTCHISON v. Father Francis LUDDY, Bishop James Hogan, Monsignor Thomas Madden, Monsignor Roy F. Kline, Monsignor Paul Panza, Monsignor Ignatius Wadas, Diocese of Altoona-Johnstown, St. Mary's Catholic Church, Cardinal John Krol, and the Arch-Diocese of Philadelphia. Appeal of Bishop James HOGAN, Monsignor Thomas Madden, Monsignor Roy F. Kline, Monsignor Paul Panza, Monsignor Ignatius Wadas, Diocese of Altoona-Johnstown, St. Mary's Catholic Church.

Superior Court of Pennsylvania.

Filed February 24, 1992.

Reargument Denied May 1, 1992.

Attorney(s) appearing for the Case

Maria Zulick, Pittsburgh, for appellants.

Richard M. Serbin, Altoona, for appellee Hutchison.

Before WIEAND, CIRILLO and JOHNSON, JJ.

WIEAND, Judge:

The issue of first impression in this appeal is whether a church can avoid the discovery of relevant information in a civil action against the church by putting it in a place which is designated by canon law as a "secret archive." After examining the relationship between canon and civil law, the statutory clergyman's privilege, and concerns raised by the First Amendment of the Constitution of the United States,

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