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LEBOWITZ et ux. v. SINGER et ux.

227 Pa.Super. 275 (1974)

Lebowitz et ux., Appellants, v. Singer et ux.

Superior Court of Pennsylvania.

April 3, 1974.

Attorney(s) appearing for the Case

Jean B. Green, with her Andrew L. Braunfeld, and Waters, Fleer, Cooper & Gallager, for appellants.

Dean B. Stewart, Jr., with him McTighe, Brown, Weiss, Bonner & Stewart, for appellees.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, CERCONE, and SPAETH, JJ. (SPAULDING, J., absent.)

OPINION BY CERCONE, J., April 3, 1974:

This is an appeal from the lower court's granting of defendants' petition to dismiss plaintiffs' action in trespass on the grounds that the statute of limitations had expired.

The accident in this case occurred on September 28, 1964. Plaintiffs filed a praecipe for writ of summons in September, 1966, reissued it in September, 1968 and again in September, 1970. At no time was the writ

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