April 26, 1960
UNITED MINE WORKERS OF AMERICA WELFARE AND RETIREMENT FUND, APPELLANT.
Appeal, No. 111, April T., 1959, from order of Court of Common Pleas of Allegheny County, April T., 1959, No. 1167, re David Robertson v. United Mine Workers of America Welfare and Retirement Fund et al. Order affirmed.
Kountz, Fry & Meyer, for appellant, appearing specially and de bene esse.
Louis Vaira, for appellee.
Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.
[ 192 Pa. Super. Page 141]
OPINION PER CURIAM
This is an action in assumpsit initiated by plaintiff with the issuance of writ of foreign attachment directed against funds held by the garnishee. Defendant's preliminary objections alleging lack of jurisdiction were dismissed, with direction to answer on the merits. See Myhalyk v. Lewis, 398 Pa. 395, 158 A.2d 305; Stampolis v. Lewis, 186 Pa. Superior Ct. 285, 142 A.2d 348.
The order is affirmed.
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