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CONTE v. BARNETT'S BOOTERY, INC.

320 Pa.Super. 412 (1983)

467 A.2d 391

Mary Jane CONTE and Marion Conte, Her Husband, Appellants, v. BARNETT'S BOOTERY, INC.

Supreme Court of Pennsylvania.

Filed October 28, 1983.

Attorney(s) appearing for the Case

Raymond Radakovich, Pittsburgh, for appellants.

Louis Long, Pittsburgh, for appellee.

Before CERCONE, President Judge, and SPAETH and HESTER, JJ.

HESTER, Judge:

Following the presentation of appellants' case in chief in the Court of Common Pleas of Beaver County, Pennsylvania, appellee's motion for a compulsory nonsuit was granted. Ten days following the entry of the nonsuit, appellants filed a motion to remove the nonsuit. Said motion was not briefed, argued, or ruled upon in the lower court; instead, appellee reduced the nonsuit order to judgment, and...

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