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TENREED CORP. v. PHILA. FOLDING BOX CO.

256 Pa.Super. 49 (1978)

389 A.2d 594

TENREED CORPORATION v. PHILADELPHIA FOLDING BOX COMPANY, Appellant, and Charles Benjamin, Incorporated, Garnishee, and Continental Bank, Garnishee.

Superior Court of Pennsylvania.

Decided July 12, 1978.

Attorney(s) appearing for the Case

Edwin L. Scherlis, Philadelphia, for appellant.

Miles Warner, Philadelphia, for appellee, Tenreed Corp.

No appearance entered nor brief submitted for appellees, Charles Benjamin, Inc., and Continental Bank.

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

JACOBS, President Judge:

This is an appeal by Philadelphia Folding Box Company from an order of the lower court denying its petition to open a confessed judgment. For the reasons developed below, we conclude that the lower court should have granted the petition to open and, therefore, reverse.

The essential facts of the case were set forth in a prior decision by this Court;1

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