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NOLL BY NOLL v. HARRISBURG AREA YMCA

537 Pa. 274 (1994)

643 A.2d 81

Christopher M. NOLL, a Minor, by His Parent and Natural Guardian Timothy NOLL; Timothy L. Noll and Darlene M. Noll, his wife, Appellants at No. 25, v. HARRISBURG AREA YMCA and Newport Area School District, Deanna Boles, Thomas R. Marshall, Jr. v. PADDOCK POOL BUILDERS, INC., Paddock Pool Equipment Co., Inc., Paddock Acquatic Facilities, Frost Company, Sta-Rite Industries, Inc. and YMCA of the USA. Appeal of: STA-RITE INDUSTRIES, INC. at No. 26.

Supreme Court of Pennsylvania.

Decided June 14, 1994.

Attorney(s) appearing for the Case

John P. Penders, Audrey L. Jacobsen, Philadelphia, for Sta-Rite.

Anthony Stefanon, Harrisburg, for Nolls.

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

OPINION

MONTEMURO, Justice.

This is an appeal from a decision of the Superior Court (Hudock and Hester, JJ., Popovich, J., concurring and dissenting) reversing an Order of the Court of Common Pleas of Dauphin County (Natale, J.) and remanding the case for a factual hearing.

Cross-petitioner, Sta-Rite Industries made a motion for leave to amend its answer and new matter to plead the statute of repose found at 42 Pa.C.S.A. § 5536

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