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GOTTLIEB v. HOMESTEAD S.W.E.F. CR. UNION

197 Pa.Super. 30 (1961)

Gottlieb, Appellant, v. Homestead Steel Works, Employees Federal Credit Union.

Superior Court of Pennsylvania.

December 14, 1961.

Attorney(s) appearing for the Case

Jack Palkovitz, with him Palkovitz and Palkovitz, for appellant.

James C. Evans, with him John E. Evans, Jr., and Evans, Ivory & Evans, for appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

OPINION BY FLOOD, J., December 14, 1961:

The plaintiff entered judgment against the appellant for failure to file an answer in an action upon a check. The judgment was opened by agreement and the defendant then filed preliminary objections. The court sustained the objection that the suit was brought at a time when the plaintiff, who was trading under the fictitious name, Nationwide Motors, had not yet registered that name under the Fictitious Names Act of May 24,...

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