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COOLBAUGH v. COM., DEPT. OF TRANSP.

816 A.2d 307 (2003)

Joyce and Harold COOLBAUGH v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Orig. Def. v. Slusser Brothers Trucking & Excavating Co., Inc., Addtl. Def. v. Joyce and Harold Coolbaugh, Appellant. Slusser Brothers Trucking & Excavating Co., Inc., Orig. Def. v. Commonwealth of Pennsylvania, Department of Transportation, Addtl. Def.

Superior Court of Pennsylvania.

Filed January 24, 2003.

Attorney(s) appearing for the Case

Derek R. Layser, Philadelphia, for appellants.

Timothy G. Lenahan, Scranton, for Slusser Brothers Trucking & Excavating, appellee.

Before JOHNSON, KLEIN, and KELLY, JJ.

OPINION BY JOHNSON, J.

¶ 1 Joyce and Harold Coolbaugh (the Coolbaughs) appeal the trial court's order granting summary judgment in favor of Slusser Brothers Trucking and Excavating Co., Inc. (Slusser Brothers). The Coolbaughs contend that the court erred in finding Slusser Brothers entitled to "immunity" pursuant to the "government contractor defense" stated in Ference v. Booth & Flinn Co.,

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