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DUPREE v. LEE, M.D.

241 Pa.Super. 259 (1976)

361 A.2d 331

Julia M. DUPREE, Administratrix of the Estate of James Dupree, Deceased, and Julia M. Dupree, in her own right v. J. LEE, M.D., et al. Appeal of James J. BOYLE, M.D. and R.D. Derham, M.D. a/k/a Dearhorn, M.D.

Superior Court of Pennsylvania.

June 28, 1976.

Attorney(s) appearing for the Case

Charles B. Burr, II, Philadelphia, for appellants.

Barton A. Haines, S. Josel, Philadelphia, for appellees.

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

CERCONE, Judge:

This is an appeal from an order vacating a judgment of non pros. The facts are as follows. On December 26, 1973 James Dupree was admitted to St. Joseph's Hospital where he subsequently died on January 11, 1974. On January 10, 1975, a summons in trespass was filed against the defendant doctors who treated Mr. Dupree during his stay at St. Joseph's Hospital. On March 11, 1975 defendant's counsel issued a rule upon plaintiff to file her complaint within...

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