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DONALDSON v. P. J. OESTERLING & SONS (12/12/62)

December 12, 1962

DONALDSON
v.
P. J. OESTERLING & SONS, INC. ET AL., APPELLANTS.



Appeal, No. 184, April T., 1962, from order of Court of Common Pleas of Butler County, Sept. T., 1958, No. 68, in case of Gladys E. Donaldson v. P.J. Oesterling & Sons, Inc. et al. Order affirmed.

COUNSEL

Irwin M. Ringold, with him Alexander J. Jaffurs, for appellants.

Willis A. MacDonald, for appellee.

Before Rhodes, P.j., Ervin, Wright, Watkins, Montgomery, and Flood, JJ. (woodside, J., absent).

[ 199 Pa. Super. Page 638]

OPINION PER CURIAM

The order of the Court of Common Pleas of Butler County is affirmed on the opinion of President Judge HERMAN M. RODGERS, for the court below, reported at 28 Pa. D. & C.2d 583.

ING OPINION BY MONTGOMERY, J.:

The evidence in this case is not sufficient to sustain the finding that the presumption of the continuance of the meretricious relationship had been overcome.

Therefore, I respectfully dissent.

WRIGHT, J., joins in this dissent.

19621212

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