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DIPPLE v. PITTSBURGH (04/13/53)

April 13, 1953

DIPPLE
v.
PITTSBURGH, APPELLANT



Appeal, No. 15, March T., 1953, from decision of Court of Common Pleas of Allegheny County, Jan. T., 1951, No. 2708, in case of Harry Dipple, etc., v. City of Pittsburgh and Edward R. Frey, Controller. Appeal quashed.

COUNSEL

J. Howard Devlin, Assisstant City Solicitor, with him Anne X. Alpern, City Solicitor, and J. Frank McKenna, Assistant City Solicitor, for appellant.

Allen H. Berkman, for appellee.

Before Stern, C.j., Stearne, Jones, Chidsey, Musmanno and Arnold, JJ.

[ 373 Pa. Page 307]

OPINION PER CURIAM

The appeal in this case was not taken within three calendar months, as prescribed by statute, after the

[ 373 Pa. Page 308]

    order of the court below was entered. Therefore, lacking jurisdiction, we are obliged to quash the appeal of our own motion, which we do the less reluctantly because of the satisfactory disposition by Judge MARSHALL, speaking for the court en banc, of the questions submitted to the court in the case stated.

Appeal quashed.

Disposition

Appeal quashed.

19530413

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