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PESTA v. BARRON et al.

185 Pa.Super. 323 (1958)

Pesta v. Barron (et al., Appellant).

Superior Court of Pennsylvania.

January 21, 1958.

Attorney(s) appearing for the Case

C.C. Walthour, Jr., with him Fred B. Trescher, and Kunkle & Trescher, for appellant.

H. Reginald Belden and George S. Goldstein, with them Paul M. Robinson and Max M. Bergad, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.

OPINION BY RHODES, P.J., January 21, 1958:

This is an appeal by Long Transportation Company, additional defendant in a trespass action, from the order of the Court of Common Pleas of Westmoreland County permitting the plaintiffs to voluntarily discontinue the action. Our review is to determine whether the court below abused its discretion. See Brown v. T.W. Phillips Gas and Oil Company, 365 Pa. 155, 159, 74 A.2d 105.

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