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MIKITA v. BAILEY HOMES, INC.

265 Pa.Super. 399 (1979)

401 A.2d 1367

Peter MIKITA and Santa R. Mikita, Appellants, v. BAILEY HOMES, INC. v. BUILDERS SUPPLY COMPANY, INC. BAILEY HOMES, INC. v. Peter MIKITA, Santa R. Mikita, Appellants, Great American Federal Savings & Loan Association, Successor in interest of First Federal Savings & Loan Association of Homestead. Peter MIKITA and Santa R. Mikita v. BAILEY HOMES, INC. v. BUILDERS SUPPLY COMPANY, INC., Appellant.

Superior Court of Pennsylvania.

Decided April 19, 1979.

Attorney(s) appearing for the Case

Howard F. Messer, Pittsburgh, and with him Ronald G. Backer of Messer & Shilobod, Pittsburgh, for Peter and Santa R. Mikita, appellants at 557 and 558; appellees at 662.

Lewis J. Nescott, McKeesport, for Builders Supply Co., Inc., appellant at 662 and appellee at 557.

Harvey E. Schauffler, Jr., Pittsburgh, for Bailey Homes, appellee at 662.

John M. Kish, Pittsburgh, did not file a brief for appellee Great American Federal Sav. & Loan Assn.

Before PRICE, HESTER and WATKINS, JJ.

HESTER, Judge:

There is no division in this court as to the appeal of Peter Mikita, et ux. filed at numbers 557 and 558 April Term, 1978. After taking an appeal from the Arbitrators' Award, Mikitas took no further action. Notice of said appeal was not served upon the opposing party. This was in complete disregard of the requirements of Rule No. 306(a)(1) of the Allegheny County Rules of Civil Procedure. Our reasoning is completely set forth in the dissenting opinion...

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