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GAGLIARDI v. LYNN

446 Pa. 144 (1971)

Gagliardi, Appellant, v. Lynn.

Supreme Court of Pennsylvania.

December 20, 1971.

Attorney(s) appearing for the Case

Paul A. Simmons, with him Tempest & Simmons, for appellant.

Leo Kostman and William K. Herrington, with them Richard G. Zeleznik, and Weis & Weis, for appellee.

Before BELL, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

OPINION BY MR. JUSTICE POMEROY, December 20, 1971:

This is an appeal from a summary judgment in an action in trespass entered in favor of appellees, defendants below. The complaint in the case is entitled "Complaint in Trespass for false imprisonment". The answers did not deny any factual averments, but asserted as new matter the bar of the statute of limitations. No depositions were taken nor affidavits filed, and the only...

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