Divco Philadelphia Corp. v. DiCassimirro Bros.

SHUGHART, PJ.,

The controversy among these parties has given rise to two lawsuits. Beside the instant litigation, defendant has sued the additional defendant in an action filed to 2945, Civil 1976. The complaint in the matter now before us was filed on March 10, 1976. Defendants joined White Motor Corporation (hereafter “White”) as an additional defendant and subsequently filed an amended complaint against it on August 30, 1976. After White answered, it filed a motion for partial judgment on the pleadings which is before us for decision.

In considering this motion, we must accept as true all…