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DONALDSON v. P.J. OESTERLING & SONS et al.

199 Pa.Super. 637 (1962)

Donaldson v. P.J. Oesterling & Sons, Inc. et al., Appellants.

Superior Court of Pennsylvania.

December 12, 1962.

Attorney(s) appearing for the Case

Irwin M. Ringold, with him Alexander J. Jaffurs, for appellants.

Willis A. MacDonald, for appellee.

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

OPINION PER CURIAM, December 12, 1962:

The order of the Court of Common Pleas of Butler County is affirmed on the opinion of President Judge HERMAN M. RODGERS, for the court below, reported at 28 Pa. D. & C. 2d 583.

DISSENTING OPINION BY MONTGOMERY, J.:

The evidence in this case is not sufficient to sustain the finding that the presumption of the continuance of the meretricious relationship had been overcome.

Therefore, I respectfully dissent...

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