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FISHER v. FINDLAY

319 Pa.Super. 214 (1983)

465 A.2d 1306

Jack E. FISHER and Constance Fisher, Husband/Wife, Appellants v. John R. FINDLAY and Helen Findlay, His Wife.

Supreme Court of Pennsylvania.

Filed September 23, 1983.

Petition for Allowance of Appeal Denied February 2, 1984.

Attorney(s) appearing for the Case

Warren D. Utermahlen, Milford, for appellants.

Lucille Marsh, Scranton, for appellees.

Before HESTER, MONTEMURO and POPOVICH, JJ.

HESTER, Judge:

This is an appeal from the Order of February 11, 1982, in the Court of Common Pleas of Pike County, affirming the Order of May 22, 1979, granting a compulsory nonsuit.

When reviewing the issue of whether a compulsory nonsuit should have been granted,

"Plaintiff must be given the benefit of every fact and every reasonable inference of fact arising from the evidence, whether direct or circumstantial, and all conflicts must be resolved...

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