Shawville Coal Co. v. Menard

SPAETH, Judge:

This is an appeal from an order denying appellant’s motion for summary judgment and dismissing appellant’s complaint against appellee.

In Bollinger v. Palmerton Area Com. Endeavor, Inc., 241 Pa.Super. 341, 350, 361 A.2d 676, 680 (1976), we stated:

[I]n passing upon a motion for summary judgment, “it is no part of our function to decide issues of fact but solely to determine whether there is an issue of fact to be tried and all doubts as to the existence of a genuine issue as a material fact must be resolved against the party moving for summary judgment. Schacter v. Albert, 212…