KERRY COAL CO. v. BECKWITH MACHINERY CO.


316 Pa.Super. 195 (1983)

462 A.2d 861

KERRY COAL COMPANY, v. BECKWITH MACHINERY COMPANY v. CATERPILLAR TRACTOR CO. and Robert Grieff v. E.F. JOHNSON CO. and Leonard J. Schmader. Appeal of Robert GRIEFF.

Supreme Court of Pennsylvania.

Filed July 15, 1983.

Petition for Allowance of Appeal Denied February 10, 1984.


Attorney(s) appearing for the Case

Melinda E. Martin, Pittsburgh, for appellant.

Robert W. Murdoch, Pittsburgh, for appellees.

Before ROWLEY, POPOVICH and HOFFMAN, JJ.


ROWLEY, Judge:

This is an appeal by Robert Grieff (Grieff) from an order sustaining preliminary objections filed by E.F. Johnson Company (Johnson) and dismissing Johnson as an additional defendant. Johnson challenged its joinder on the ground that Grieff had not complied with Pa.R.C.P. 2253. For the reasons discussed below, we are in agreement with both the trial court and appellee, and accordingly affirm.

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