April 21, 1964
CENTRAL MUTUAL INSURANCE COMPANY, APPELLANT,
Appeal, No. 8, March T., 1964, from judgment of Court of Common Pleas of Clarion County, Nov. T., 1959, No. 128, in case of Central Mutual Insurance Company v. James Lutz, Pittsburgh National Bank, Fred G. Perry et al. Judgment vacated.
Lee C. McCandless, with him H. Ray Pope, Jr., for appellant.
Saul J. Bernstein, with him Robert B. Filson, Donald Miller, and Miller, Buterbaugh and Cope, and Bernstein and Campbell, for appellees.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
[ 414 Pa. Page 138]
OPINION BY MR. CHIEF JUSTICE BELL
This appeal arose from a Judgment rendered for defendants in a declaratory judgment proceeding. The pleadings and testimony raised important controverted or disputed facts and consequently a declaratory judgment proceeding will not lie. Allstate Insurance Company v. Seward, 407 Pa. 628, 182 A.2d 715; State Farm Mutual Automobile Insurance Company v. Semple, 407 Pa. 572, 180 A.2d 925.
Mr. Justice COHEN concurs in the result.
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