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OSTTOWSKI v. SMITH

315 Pa.Super. 321 (1983)

461 A.2d 1301

Walter M. OSTTOWSKI, Jr. v. Joseph A. SMITH and Blue Comet Express, Inc., Appellants.

Supreme Court of Pennsylvania.

Filed June 17, 1983.

Attorney(s) appearing for the Case

Charles W. Craven, Philadelphia, for appellants.

George F. Schoener, Jr., Philadelphia, for appellee.

Before CAVANAUGH, ROWLEY and HOFFMAN, JJ.

HOFFMAN, Judge:

Appellants contend that the lower court erred in striking the judgment of non pros entered against appellee for failure to answer interrogatories. We agree and, accordingly, reverse the order of the lower court and reinstate the judgment.

In July, 1976, twenty-three months after a motor vehicle accident, appellee filed an action in trespass against appellants. Appellants' counsel sent copies...

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