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KANE v. D'ORAZIO (ET AL. (01/07/55)

January 7, 1955

KANE
v.
D'ORAZIO (ET AL., APPELLANT).



Appeal, No. 326, Jan. T., 1954, from decree of Court of Common Pleas No. 5 of Philadelphia County, Sept. T., 1953, No. 6846, in case of Bernard Kane v. Victor D'Orazio, Frank Sicilia, Dorcy Construction Co., Inc., B. J. Lucarelli & Co., Inc. and Manufacturers Casualty Insurance Company. Decree affirmed.

COUNSEL

Henry T. Reath, with him Joseph M. Hartley, Jr., John B. Martin, J. Grant McCabe, III and Duane, Morris & Heckscher, for appellant.

Abraham Levin, with him J. Myron honigman and Herman Eisenberg, for appellee.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

[ 380 Pa. Page 359]

OPINION PER CURIAM

The fundamental issues in this case are factual. Since the findings are supported by the evidence and were confirmed by the court en banc, they are binding upon us. As a consequence, the legal question, which the appellant advances, is not germane to the present record. The opinion of the late President Judge SMITH for the court below fully justifies that court's findings and conclusions.

Disposition

Decree affirmed at appellant's costs.

19550107

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