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WIMER v. PEBTF

868 A.2d 8 (2005)

Gary E. WIMER, Appellee, v. PENNSYLVANIA EMPLOYEES BENEFIT TRUST FUND (PEBTF), Appellant.

Superior Court of Pennsylvania.

Filed January 27, 2005.

Attorney(s) appearing for the Case

Richard Kirschner, Washington, DC, for appellant.

Cynthia M. Danel, Pittsburgh, for appellee.

BEFORE: FORD ELLIOTT, JOYCE, STEVENS, MUSMANNO, LALLY-GREE N, TODD, KLEIN, BENDER and BOWES, JJ.

OPINION BY MUSMANNO, J.:

¶ 1 Pennsylvania Employees Benefit Trust Fund ("PEBTF") appeals from the Order denying its Motion for judgment on the pleadings and/or summary judgment, and granting Gary E. Wimer's ("Wimer's") Cross-motion for summary judgment in this declaratory judgment action. We affirm.

¶ 2 The pertinent facts of this case are as follows:

The plaintiff, [Wimer], was injured [in] a motor...

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