CUNNINGHAM v. SOUTHEASTERN PA TRANSP. AUTH.


914 A.2d 966 (2007)

James CUNNINGHAM, Appellant v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Gretchen E. Frederick, Luther S. Diggs, Jacob T. Aufschauer, Kay B. Hooven, Michael J. O'Donoghue, Kurt Weidenhammer and Eileen Katz, Esq.

Commonwealth Court of Pennsylvania.

Decided January 10, 2007.


Attorney(s) appearing for the Case

Frank D. Branella, Philadelphia, for appellant.

Maria L.H. Lewis, Philadelphia, for appellees.

BEFORE: McGINLEY, Judge, and COHN JUBELIRER, Judge, and McCLOSKEY, Senior Judge.


OPINION BY Judge McGINLEY.

James Cunningham (Cunningham) appeals from an order of the Court of Common Pleas of Philadelphia County (common pleas court) which granted the Southeastern Pennsylvania Transportation Authority's (SEPTA) motion for summary judgment and dismissed Cunningham's complaint with prejudice because Cunningham failed to file a statutory appeal from SEPTA's final order.

Cunningham had been employed by SEPTA for fifteen years when he retired...

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