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LOFURNO v. GARNET VALLEY SCHOOL DIST.

904 A.2d 980 (2006)

Andrew Charles LoFURNO, a Minor by and through His Parents and Natural Guardians, Robert A. LoFURNO and Monica U. LoFurno, h/w v. GARNET VALLEY SCHOOL DISTRICT, Appellant.

Commonwealth Court of Pennsylvania.

Decided May 3, 2006.

Publication Ordered August 23, 2006.

Attorney(s) appearing for the Case

Harry G. Mahoney, Philadelphia, for appellant.

John A. Pitzpatrick, Broomall, for appellees.

BEFORE: LEADBETTER, Judge, and COHN JUBELIRER, Judge, and KELLEY, Senior Judge.

OPINION BY Judge LEADBETTER.

Garnet Valley School District (School District) appeals from an interlocutory order of the Court of Common Pleas of Delaware County (common pleas), concluding that the School District's vertical belt sander was a fixture for purposes of the real estate exception to governmental immunity.1 The School District argues that common pleas erred in concluding, as a matter of law, that the belt sander was a fixture...

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