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SWAVELY v. VANDEGRIFT (ET AL. (10/21/59)

October 21, 1959

SWAVELY
v.
VANDEGRIFT (ET AL., APPELLANTS).



Appeal, No. 85, Jan. T., 1959, from order of Court of Common Pleas of Bucks County, Sept. T., 1955, No. 123, in case of Harry Swavely et ux. v. Arthur Vandegrift et al. Order affirmed. Same case in court below: 19 Pa.D. & C.2d 153. Trespass for property damage. Adjudication filed sustaining defendant's, Calcinator Corporation, preliminary objections, and order entered, opinion by SATTERTHWAITE, J. Defendants appealed.

COUNSEL

Bernard J. Smolens, with him John J. McDevitt, 3rd, for appellants.

William H. Lowery, with him Barnes, Dechert, Price, Myers & Rhoads, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen and Mcbride, JJ.

Author: Bell

[ 397 Pa. Page 281]

OPINION BY MR. JUSTICE BELL

The opinion of Judge SATTERTHWAITE clearly sets forth at great length the facts and ably analyzes the law.

Disposition

The Order of the lower court which sustained the preliminary objections of Calcinator Corporation and set aside service of process and dismissed plaintiffs' amended complaint against said corporation is affirmed at appellants' costs.

19591021

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