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ROSEN v. AMERICAN BANK OF ROLLA

426 Pa.Super. 376 (1993)

627 A.2d 190

Paul R. ROSEN, Esquire, Appellant, v. AMERICAN BANK OF ROLLA and Charles Golin, Esquire, Appellees.

Superior Court of Pennsylvania.

Filed June 28, 1993.

Attorney(s) appearing for the Case

Ann Miller, Philadelphia, for appellant.

Catherine N. Jasons, Philadelphia, for American Bank, appellee.

William B. Hildebrand, Philadelphia, for Golin, appellee.

Before CAVANAUGH, WIEAND and CIRILLO, JJ.

WIEAND, Judge:

The issue in this appeal is whether a cause of action for the malicious abuse or wrongful use of process can be maintained by a non-party witness who has been subpoenaed to appear and give testimony in aid of execution in a legitimate and proper underlying action. The trial court held that no such action could be maintained and sustained preliminary objections in the nature of a demurrer to the...

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