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O'BARTO v. GLOSSERS STORES, INC.

228 Pa.Super. 201 (1974)

O'Barto v. Glossers Stores, Inc., Appellant (et al.).

Superior Court of Pennsylvania.

June 21, 1974.

Attorney(s) appearing for the Case

W. Arch Irvin, Jr., with him Wayman, Irvin, Trushel & McAuley, and John M. O'Connell, Jr., Thomas J. Godlewski, and O'Connell, Silvis & Godlewski, for appellant.

B. Patrick Costello, with him Costello & Berk, and D.J. Snyder, Christ C. Walthour, Jr., and Costello, Snyder, Berk & Horner, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, PRICE, VAN DER VOORT, and SPAETH, JJ. (CERCONE, J., absent).

OPINION BY HOFFMAN, J., June 21, 1974:

The issue in this appeal is whether the court below erred in granting the appellee's preliminary objections and striking off the complaint by which the appellant sought to join the appellee as an additional defendant in a trespass action.

The action was instituted by a writ of summons issued by the plaintiff against the original defendant-appellant (hereinafter, Glosser) on April 19, 1970. On May 8, 1970, Glosser filed...

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