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GARFIELD HUGHES v. YELLOW FREIGHT SYSTEM (09/23/81)

submitted: September 23, 1981.

GARFIELD HUGHES, APPELLANT,
v.
YELLOW FREIGHT SYSTEM, INC.



No. 153 Harrisburg, 1980, Appeal from the Order entered July 15, 1980 of the Court of Common Pleas of Dauphin County, Civil Division, at No. 78-S-1978

COUNSEL

William M. Overton, Jr., Harrisburg, for appellant.

Thomas B. Schmidt, III, Harrisburg, for appellee.

Brosky, McEwen and Beck, JJ.

Author: Brosky

[ 293 Pa. Super. Page 424]

Appellant, Garfield Hughes, and appellee, Yellow Freight System, Inc., entered into a motor carrier lease agreement which the parties agree is governed by the National Master Freight Agreement and Eastern Area Iron and Steel Rider. Appellant commenced this action to recover damages for what he claims was a breach of the contract by appellee. Appellee filed a motion for summary judgment which was granted as to appellant's complaint. This appeal followed. We affirm.

Pa.R.C.P. 1035 governs motions for summary judgment and provides in relevant part,

(a) After the pleadings are closed, but within such time as not to delay trial, any party may move for summary judgment on the pleadings, depositions, answers to interrogatories, admissions on file and supporting affidavits, if any.

(b) . . . The judgment sought shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

Our Court has explained the principles to be followed in ruling on a motion for summary judgment as follows:

The burden of demonstrating that a genuine issue of material fact exists and that one is entitled to a judgment as a matter of law, is on the moving party, and the record must be examined in the light most favorable to the non-moving party.

[ 293 Pa. Super. Page 425]

In Teamsters Local Union No. 30 v. Helms Express, Inc., 591 F.2d 211 (3rd Cir.1979), the Third Circuit Court of Appeals affirmed the dismissal of a complaint which sought to have set aside an award of the Eastern Conference Joint Area Committee (ECJAC). The court explained that Joint Committee awards are reviewed under the same standards as binding arbitration ...


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