ALLEN v. CARR


426 Pa. 597 (1967)

Allen, Appellant, v. Carr.

Supreme Court of Pennsylvania.

September 26, 1967.


Attorney(s) appearing for the Case

R. Goldstein, with him Louis Goldhirsh, and Goldhirsh & Goldstein, for appellant.

Michael Shekmar, for appellees.

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


OPINION PER CURIAM, September 26, 1967:

Judgment affirmed.

Mr. Justice COHEN took no part in the consideration or decision of this case.

DISSENTING OPINION BY MR. JUSTICE ROBERTS:

This case presents to our Court a matter which for us, although not for the federal courts, is one of first impression. Rule 1035(b) governing summary judgments, effective May 9, 1966 and applicable to actions pending at that time, adopts verbatim the following sentence...

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