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McLAIN v. ARNEYTOWN TRUCKING CO., INC.

370 Pa.Super. 520 (1988)

536 A.2d 1388

Margaret McLAIN, as Executrix of the Estate of John T. McLain, Deceased, and Margaret McLain, Individually, and Douglas McLain, Appellants, v. ARNEYTOWN TRUCKING CO., INC. and Robert J. Houghton and Cannel Trucking Co. and George Shifflett, Appellees.

Supreme Court of Pennsylvania.

Filed February 4, 1988.

Attorney(s) appearing for the Case

John Baldante, Philadelphia, for appellants.

Susan E. Satkowski, Philadelphia, for Arneytown, appellees.

Before CIRILLO, President Judge, and WIEAND and OLSZEWSKI, JJ.

WIEAND, Judge:

The principal issue in this appeal is whether improper venue can be waived by one defendant in such a manner as to preclude a second defendant from interposing a successful objection to such venue. The trial court rejected such an argument, sustained preliminary objections to venue by one defendant, and transferred the action to the county in which the cause of action had arisen. We affirm.

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