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YOUNG ANTICS v. JAYMAR REALTY CORP.

245 Pa.Super. 244 (1976)

369 A.2d 385

YOUNG ANTICS, INC., In its Own Right and New York Credit Men's Adjustment Bureau, as Signee for the Benefit of Creditors of Young Antics, Inc. v. JAYMAR REALTY CORP. and A.P. Warnick, Appellants.

Superior Court of Pennsylvania.

Decided November 22, 1976.

Attorney(s) appearing for the Case

Joseph J. Musto, Wilkes-Barre, for appellants.

John H. Doran, Wilkes-Barre, for appellees.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

SPAETH, Judge:

This action in trespass was tried before a judge without a jury, pursuant to Pa.R.C.P. 1038.1 A "verdict" was rendered for appellees on May 20, 1974. Appellants filed motions for new trial and judgment n.o.v. on May 24, 1974. Appellees moved to quash the motions on the ground that appellants had not complied with Pa.R.C.P. 1038(d), which provides:

Within twenty (20) days after notice of the filing of the decision...

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