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IN RE COLE

No. 08-1412.

580 F.3d 179 (2009)

In re George W. COLE, Debtor. City of Wilkes-Barre, Appellant v. Robert P. Sheils, Jr., Trustee.

United States Court of Appeals, Third Circuit.

Filed April 23, 2009.

Attorney(s) appearing for the Case

Thomas J. MacNeely, Rosenn, Jenkins & Greenwald, Wilkes-Barre, PA for Appellant.

Paul M. Perlstein, Doylestown, PA, Robert P. Sheils, Jr., Jill M. Spott, Sheils Law Associates, Clarks Summit, PA, for Appellee.

Alexandra Bak-Boychuk, John P. McLaughlin, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, for Amicus Appellant.

Before McKEE, SMITH, Circuit Judges and STEARNS, District Judge.

OPINION

SMITH, Circuit Judge.

Under the Pennsylvania Heart & Lung Act (HLA), the City of Wilkes-Barre (City) was obligated to pay police officer George Cole wages and medical expenses during the period that Cole was unable to work after being severely injured in the line of duty. Cole subsequently brought a personal injury action against the third parties responsible for his injuries. The City then sought to recover its HLA payments by asserting a right...

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