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BURCIK v. CAPLEN

805 A.2d 21 (2002)

Richard W. BURCIK and City of Philadelphia, Trustee Acting by the Board of Directors of City Trusts, Girard Estates, Appellants, v. Larry CAPLEN, Neil B. Caplen, Jill Caplen Schecter, and Stanley B. Caplen.

Commonwealth Court of Pennsylvania.

Decided July 17, 2002.

Reargument Denied September 16, 2002.

Attorney(s) appearing for the Case

Paul R. Fitzmaurice, Philadelphia, for appellants.

Neil E. Jokelson, Philadelphia, for appellees.

BEFORE: McGINLEY, J., LEADBETTER, J., and MIRARCHI, JR., Senior Judge.

OPINION BY Judge LEADBETTER.

The issue in this appeal is whether sovereign or governmental immunity applies to the Board of Directors of City Trusts (Board), a board created by State statute to act as an agent for the City of Philadelphia in the administration of charitable trusts held by the City as trustee. Asserting immunity in preliminary objections, Richard W. Burcik, the general manager of the Board, sought dismissal of a claim for tortious interference with...

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