JAMES BROS. CO. v. UNION B. & T. CO. of DuBOIS


432 Pa. 129 (1968)

James Brothers Company et al., Appellants, v. Union Banking and Trust Company of DuBois.

Supreme Court of Pennsylvania.

November 12, 1968.


Attorney(s) appearing for the Case

Edward J. Harkins, with him Ralph N. DeCamp, for appellants.

Louis Emanuel, with him Edward V. Cherry, and Gleason, Cherry & Guido, and Buchanan, Ingersoll, Rodewald, Kyle & Buerger, for appellees.

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


OPINION BY MR. CHIEF JUSTICE BELL, November 12, 1968:

This is an appeal by the plaintiffs from a Judgment of non pros. entered in favor of the defendant Union Banking and Trust Company, of DuBois. The question involved is whether the plaintiffs' delay in prosecuting this case was so great, and the resulting harm to the defendants so prejudicial as to warrant the entry of a judgment of non pros.

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