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CHRISTOFF v. UNITED MINE WORKERS AMERICA WELFARE AND RETIREMENT FUND 1950 ET AL. (04/26/60)

April 26, 1960

CHRISTOFF
v.
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.

COUNSEL

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.

Disposition

The order is affirmed.

19600426

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