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BOROUGH OF WIND GAP v. TEAMSTERS LOCAL

790 A.2d 308 (2002)

BOROUGH OF WIND GAP, Appellant, v. TEAMSTERS LOCAL 773 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, Appellee.

Supreme Court of Pennsylvania.

Decided February 21, 2002.

Attorney(s) appearing for the Case

Alyssa Lopiano-Reilly, Leonard N. Zito, for Borough of Wind Gap.

Jeremy Edward Meyer, for Teamsters Local 773 of the International Brotherhood of Teamsters.

Before ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

ZAPPALA, Chief Justice.

The question before this Court is whether a writ of execution will lie to enforce a money judgment against a borough. The Court of Common Pleas of Northhampton County found that such a writ was not the proper procedural tool for enforcing the judgment. The Commonwealth Court reversed, finding that the common law of Pennsylvania now incorporates the Act of April 2, 1860, P.L. 589, as amended, 53 P.S. § 49271...

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