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DiNENNO v. GREAT A. & P. TEA CO.

245 Pa.Super. 498 (1976)

369 A.2d 738

Joseph DiNENNO v. The GREAT ATLANTIC AND PACIFIC TEA CO., INC., and Richard McCarthy, Appellants, and Pepsi Cola Distributing Co., of Delaware Valley, Inc.

Superior Court of Pennsylvania.

Decided November 22, 1976.

Attorney(s) appearing for the Case

Thomas O. Malcolm, West Chester, for appellants.

R. Barclay Surrick, Media, for appellee.

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

CERCONE, Judge:

This is an appeal from the denial of a petition to open a default judgment. On March 24, 1975 Joseph DiNenno filed a complaint in trespass alleging slander and naming The Great Atlantic and Pacific Tea Company, Inc., Richard McCarthy, an A & P manager, and Pepsi Cola Distributing Co. of Delaware Valley, Inc. as defendants. On April 4, 1975 Pepsi was served. Counsel for Pepsi entered a timely appearance and filed an answer to the complaint. On April...

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