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MELNICK v. AMER. CASUALTY CO.

No. 1178.

20 Pa. D. & C. 2d 231 (1959)

Melnick v. American Casualty Co. of Reading

Common Pleas Court of Philadelphia County, Pennsylvania.

November 30, 1959.

Attorney(s) appearing for the Case

Waldron & Weitzman, for plaintiff.

John J. McDevitt, 3rd, for defendant.

BOYLE, J., November 30, 1959.

This is an appeal by plaintiff from an order sustaining preliminary objections to his amended complaint and entering judgment for defendant.

The original complaint was filed September 16, 1958. On September 24, 1958, defendant filed preliminary objections to the complaint. On November 18, 1958, more than 10 days later, plaintiff, without obtaining leave of court and in violation of Pa. R. C. P. 1028 and

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