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LAFAYETTE RADIO ELECTRONICS CORPORATION MONROEVILLE v. JONNEL ENTERPRISES (06/27/69)

SUPREME COURT OF PENNSYLVANIA


decided: June 27, 1969.

LAFAYETTE RADIO ELECTRONICS CORPORATION OF MONROEVILLE
v.
JONNEL ENTERPRISES, INC., APPELLANT

Appeal from decree of Court of Common Pleas of Allegheny County, April T., 1968, No. 1193, in case of Lafayette Radio Electronics Corporation of Monroeville et al. v. Jonnel Enterprises, Inc. et al.

COUNSEL

Aaron Rosenzweig, with him Samuel M. Rosenzweig, and Rosenzweig & Rosenzweig, for appellant.

Norman J. Cowie, with him Thomson, Rhodes & Grigsby, for appellee.

Bell, C. J., Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice Cohen. Mr. Justice Jones took no part in the consideration or decision of this case.

Author: Cohen

[ 435 Pa. Page 50]

In this action the plaintiff-tenant sought and obtained a permanent injunction restraining defendant-landlord's use of distraint for rent and a mandatory injunction requiring arbitration. The chancellor entered an order to this effect, noting exceptions to the defendant, from which the present appeal was taken. The findings of fact, conclusions of law, adjudication and exceptions must be reviewed by the court en banc before a final decree may be entered. Pa. R. C. P., 1517-1519; Cooney v. Pennsylvania Osteopathic Association, 434 Pa. 358, 253 A.2d 256 (1969); Sessa v. Melnick, 420 Pa. 257, 216 A.2d 56 (1966). This appeal is premature and must be quashed.

Appeal quashed. Costs on appellant.

Disposition

Appeal quashed.

19690627

© 1998 VersusLaw Inc.



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