MATTSON v. FITZPATRICK


250 Pa.Super. 62 (1977)

378 A.2d 453

Jack MATTSON, Appellant, v. F. Emmett FITZPATRICK, Jr., Admr. of the Estate of Russell Newson, Jr., Deceased, Edward Chatterton, a/k/a Ed Chatterton, David M. Atkinson, Pennsylvania Turnpike Commission.

Superior Court of Pennsylvania.

Decided October 6, 1977.


Attorney(s) appearing for the Case

Jon M. Lewis, Greensburg, for appellant.

Rabe F. Marsh, III, Greensburg, with him Christ C. Walthour, Jr., Greensburg, for appellees.

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


PRICE, Judge:

The sole question on this appeal is whether the withdrawal and discontinuance of an appeal from a judgment on the pleadings in favor of the Pennsylvania Turnpike Commission (Commission), one of multiple defendants, bars further proceedings in the lower court against the remaining defendants. We hold that it does not, and therefore, reverse the lower court's decision making a rule to show cause absolute and marking the docket in this case discontinued...

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