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GINSBURG v. CUSTER-FRAZER CORPORATION. (11/13/62)

THE SUPREME COURT OF PENNSYLVANIA


November 13, 1962

GINSBURG, APPELLANT,
v.
CUSTER-FRAZER CORPORATION.

Appeals, Nos. 80 and 203, March T., 1962, from orders of Court of Common Pleas of Allegheny County, July T., 1960, Nos. D.S.B. 1850 and D.S.B. 1848, in cases of Paul Ginsburg v. Custer-Frazer Corporation, and Paul Ginsburg, assignee of Joseph W. Frazer v. Same. Appeals quashed; reargument refused December 5, 1962.

COUNSEL

Paul Ginsburg, for appellant.

Guy L. Warman, with him John A. Metz, Jr., and Metz, Cook, Hanna & Kelly, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Keim, JJ.

[ 409 Pa. Page 116]

OPINION PER CURIAM

The above cases were listed and called for argument before us at Pittsburgh on October 10, 1962. Prior to that time appellant had failed to file in either case a copy of the record or a brief in any form, as required by Rule 64 of this Court, and appellee had filed a motion

[ 409 Pa. Page 117]

    to quash. After consideration, we then entered the following Order:

"Nos. 80 and 203 March Term, 1962

"PER CURIAM. October 10, 1962.

"Leave granted to appellant to file and serve briefs and record prepared by multigraph, mimeograph, hectograph or any other mechanical process which makes all copies perfectly and equally legible, on or before October 26, 1962; if briefs and record are not so filed appellee's motion to quash the appeals will be granted."

On October 22, 1962, appellant filed in each case a petition for a clarification of the aforesaid Order and for a stay of proceedings. These petitions were without merit, and were denied on October 29, 1962.

Disposition

As appellant has not complied with this Court's aforesaid Order of October 10, 1962, appellee's motion to quash in each case is hereby granted.

19621113

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