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MODERN SHOPPERS WORLD v. PHILADELPHIA GAS WORKS

164 Pa.Commw. 257 (1994)

643 A.2d 136

MODERN SHOPPERS WORLD-MT. AIRY CORPORATION and Granite State Insurance Company, as subrogee of Modern Shoppers World-Mt. Airy Corporation v. PHILADELPHIA GAS WORKS and Philadelphia Facilities Management Corporation APPEAL OF GRANITE STATE INSURANCE COMPANY, Appellant.

Commonwealth Court of Pennsylvania.

Decided May 23, 1994.

Reargument Denied July 20, 1994.

Petition for Allowance of Appeal Denied November 28, 1994.

Attorney(s) appearing for the Case

Kenneth T. Levine, for appellants.

Nolan N. Atkinson, Jr., for appellees.

Before CRAIG, President Judge, and DOYLE, COLINS, McGINLEY, SMITH, PELLEGRINI and KELLEY, JJ.

McGINLEY, Judge.

Granite State Insurance Company (Granite) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) that granted a cross-motion for summary judgment on behalf of the Philadelphia Facilities and Management Corporation (PFMC) after concluding that PFMC was a local agency for purposes of local government immunity and 42 Pa.C.S. § 8553(d),1 which prevents subrogation by an insurer

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