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MARSHALL ET AL. v. CO. OF SUSQUEHANNA ET AL.

No. 1924 C.D. 1975.

27 Pa.Commw. 259 (1976)

Joseph Marshall and Josephine Marshall, his wife, et al. v. County of Susquehanna et al. Joseph Marshall and Josephine Marshall, his wife, et al., Appellants.

Commonwealth Court of Pennsylvania.

December 2, 1976.

Attorney(s) appearing for the Case

George E. Clark, Jr., with him Russell O'Malley, Jr., for appellants.

Ulric J. McHale and Raymond C. Davis, with them James A. Kelly; Paul T. Burke; and Houghton & Davis, for appellees.

Argued October 8, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR. and WILKINSON, JR., sitting as a panel of three.

OPINION BY PRESIDENT JUDGE BOWMAN, December 2, 1976:

Balancing the inherent authority of a court to control and dispose of litigation before it against a litigant's right to his day in court are the conflicting interests underlying this appeal. The significant facts by which these conflicting interests must be weighed are not in dispute and must tip the scales in favor of appellants' right to their day in court...

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