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MacCLAIN v. PENN FRUIT, INC.

241 Pa.Super. 303 (1976)

361 A.2d 403

Jack MacCLAIN, Appellant, v. PENN FRUIT, INC.

Superior Court of Pennsylvania.

June 28, 1976.

Attorney(s) appearing for the Case

Weinstein, Leonard & Lebofsky, Associates, Stanley Lebofsky, Philadelphia, for appellant.

Lisa J. Holzsager, R. Borden, Philadelphia, for appellee.

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

PRICE, Judge.

The appellant in this case challenges the opening of a default judgment by the court below, alleging an abuse of discretion. We agree, and reverse the orders of the lower court.

On November 15, 1974, appellant filed a complaint in trespass in the Court of Common Pleas of Philadelphia County. Service was accomplished on November 25, 1974. On January 7, 1975, forty-seven days after service...

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