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GABSTER v. MESAROS

422 Pa. 116 (1966)

Gabster, Appellant, v. Mesaros.

Supreme Court of Pennsylvania.

June 24, 1966.

Attorney(s) appearing for the Case

John A. Metz, Jr., with him Richard M. Sharp, Earl R. Handler, and Metz, Cook, Hanna & Kelly, and Sharp & Gilpatrick, and Handler & Malcolm, for appellants.

R. Carlyle Fee, with him Serene & Fee, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE EAGEN, June 24, 1966:

The court below ruled that this equity action was barred by laches and entered judgment for the defendants on the pleadings. The plaintiffs appeal.

It is fundamental that judgment on the pleadings should be entered only in a clear case: Bureau of Child C. v. United Fund, 416 Pa. 617, 207 A.2d 847 (1965).

For the purpose of this...

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