April 26, 1960
UNITED MINE WORKERS OF AMERICA WELFARE AND RETIREMENT FUND OF 1950 ET AL., APPELLANTS.
Appeal, No. 129, April T., 1959, from order of Court of Common Pleas of Cambria County, Dec. T., 1958, No. 531, in case of John A. Christoff v. United Mine Workers of America Welfare and Retirement Fund of 1950 et al. Order affirmed.
Thomas A. Swope, and Shettig, Swope & Shettig, for appellants.
Alexander Unkovic, and Kountz, Fry & Meyer, for appellants, appearing specially and de bene esse.
Edward Solomon, Jr., for appellee.
Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.
[ 192 Pa. Super. Page 190]
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. Defendants' 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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