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BURKE v. BOWEN

No. 3762.

8 Pa. D. & C. 3d 109 (1978)

Burke v. Bowen

Common Pleas Court of Philadelphia County, Pennsylvania.

February 1, 1978.

Attorney(s) appearing for the Case

Steven Kapustin, for plaintiff.

Louis F. Barth, for defendants.

JAMISON, J., February 1, 1978.

Plaintiff's motion for physical examination of defendant, Esther M. Bowen, under Pa.R.C.P. 4010, satisfies the requirements set forth in Schlagenhauf v. Holder, 379 U.S. 104 (1964), that there be an affirmative showing by plaintiff that defendant's physical condition is genuinely in controversy and that the motion for physical examination is sought in good faith: 379 U.S. at 118.

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