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DONALD B. SWANK v. PRUDENTIAL INS. (05/01/86)

May 1, 1986

DONALD B. SWANK, ADMINISTRATOR OF THE ESTATE OF TROY GORDON SWANK, DECEASED; AND ALL OTHERS SIMILARLY SITUATED, APPELLANT
v.
PRUDENTIAL INS.



Appeal from Judgment of the Court of Common Pleas, Civil Division, of Dauphin County, No. 4128 S 1983.

Before: Wieand, Olszewski and Watkins, JJ.

Per Curiam:

The order denying class certification is affirmed. The order entering summary judgment in favor of the Prudential Insurance Company of America and Dismissing the individual claim of Donald B. Swank, Administrator, is reversed, and the action is remanded for further proceedings. Jurisdiction is not retained.

JUDGMENT

ON CONSIDERATION WHEREOF, it is now hereby ordered and adjudged by this Court that the Order of the Court of Common Pleas of Dauphin County denying class certification is affirmed. The order entering summary judgment in favor of the Prudential Insurance Company of America and dismissing the individual claim of Donald B. Swank, Administrator, is reversed, and the action is remanded. Jurisdiction is relinquished.

Disposition

Reversed and remanded.

19860501

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