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BARTKEWICH v. BILLINGER (05/21/68)

decided: May 21, 1968.

BARTKEWICH
v.
BILLINGER, APPELLANT



Appeal from judgment of Court of Common Pleas of Allegheny County, April T., 1965, No. 1311, in case of Edward Bartkewich v. E. K. Billinger and William F. Billinger, trading and doing business as Billco.

COUNSEL

Henry E. Rea, Jr., with him Brandt, Riester, Brandt & Malone, for appellants.

Thomas L. Cooper, with him McArdle & McLaughlin, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Chief Justice Bell.

Author: Bell

[ 430 Pa. Page 208]

The jury returned a verdict for the plaintiff. An appeal was taken in this case from the dismissal by the lower Court of defendants' motion for judgment n.o.v. or, in the alternative, a new trial. Since no judgment was entered, the appeal is untimely and is hereby quashed: Straw v. Sands, 426 Pa. 81, 231 A.2d 144; O'Donnell v. Bachelor, 425 Pa. 626, 229 A.2d 755; Lynch v. Metropolitan Life Insurance Co., 422 Pa. 488, 222 A.2d 925.

Appeal quashed.

Disposition

Appeal quashed.

19680521

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