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BELL TELE. CO. of PA. v. PHILA. WARWICK CO.

373 Pa. 652 (1953)

The Bell Telephone Company of Pennsylvania, Appellant, v. Philadelphia Warwick Company.

Supreme Court of Pennsylvania.

May 25, 1953.

Attorney(s) appearing for the Case

John B.H. Carter, with him Benjamin O. Frick and John B. King, for appellant.

James H. Booser, with him Bernard Eskin, McNees, Wallace & Nurick, Jefferson C. Barnhart, Harry H. Frank and Wolf, Block, Schorr & Solis-Cohen, for appellee.

William S. Livengood, Livengood & Nissley, Samuel D. Goodis, Folz, Bard, Kamsler, Goodis & Greenfield, Clyde A. Armstrong, Kenneth G. Jackson and Thorp, Reed & Armstrong filed a brief for Pennsylvania Hotels Association et al., amici curiae.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, May 25, 1953:

On a former appeal of this case by defendant, following plaintiff's filing of its statement of claim, we held (355 Pa. 637, 50 A.2d 684) that the court of common pleas had jurisdiction of the cause of action. Thereupon defendant filed its answer, including new matter and a counterclaim. After an unsuccessful attempt to obtain judgment on the pleadings, plaintiff filed a reply. Trial was had before the court...

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