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McCALLA v. MURA

538 Pa. 527 (1994)

649 A.2d 646

Ann McCALLA and Cheryl Curley v. Leona M. MURA and Marshall E. Kelley, Jr. and Commonwealth of Pennsylvania, Department of Transportation and Borough of Jefferson and County of Allegheny Appeal of Commonwealth of Pennsylvania, Department of Transportation Mary Louise MILLER and William Miller, her husband, v. Leona M. MURA and Commonwealth of Pennsylvania, Department of Transportation, Marshall E. Kelley, Jr. and Borough of Jefferson and County of Allegheny Appeal of Commonwealth of Pennsylvania, Department of Transportation Marshall E. KELLEY, Jr. v. Leona M. MURA and Commonwealth of Pennsylvania, Department of Transportation and Borough of Jefferson and County of Allegheny Appeal of COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION.

Supreme Court of Pennsylvania.

Decided November 3, 1994.

Attorney(s) appearing for the Case

Ernest D. Preate, Jr., Atty. Gen., Robert T. McDermott, Deputy Atty. Gen., Harrisburg, PA, for appellant.

David R. Helwig, Pittsburgh, for Leona Mura.

David M. Neuhart, Pittsburgh, for County of Allegheny.

Edward P. Zemprelli, Clairton, for Ann McCalla & Cheryl Curley.

Regis M. McClelland, Pittsburgh, for Mary Louise & William Miller.

Carl W. Brueck, Jr., Pittsburgh, for Marshall E. Kelley, Jr.

Gerard J. Cipriani, James B. Cole, Pittsburgh, for Marshall E. Kelley, Jr.

Margaret McLean, Pittsburgh, for Borough of Jefferson.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

PAPADAKOS, Justice.

This is the appeal of the Commonwealth of Pennsylvania, Department of Transportation (Appellant) from the unreported memorandum opinion and order of the Commonwealth Court affirming the order of the Court of Common Pleas of Allegheny County sustaining the preliminary objections of the County of Allegheny (County) and rejecting Appellant's attempt to join the County as an additional defendant...

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