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LOUIS R. NAIR AND ANNA J. NAIR v. HELEN E. PYLE (04/12/79)

SUPERIOR COURT OF PENNSYLVANIA


decided: April 12, 1979.

LOUIS R. NAIR AND ANNA J. NAIR, HIS WIFE, APPELLANTS,
v.
HELEN E. PYLE, MAZIE C. BRYAN, ELEANOR G. MORRIS, THE INDIAN CREEK VALLEY RAILWAY COMPANY, A PENNSYLVANIA CORPORATION, AND JAMES NEDROW MATHEWS

Appeal No. 333 April Term, 1977, from the Order of the Court of Common Pleas of Westmoreland County, Civil Division at No. 3887 of 1975; McCormick and Weiss, Judges.

COUNSEL

Zeno Fritz, Pittsburgh, for appellants.

Edward C. Schmidt, Pittsburgh, for appellees Helen E. Pyle, Mazie C. Bryan, Eleanor G. Morris and James Nedrow Mathews.

No appearance entered nor brief filed for appellee Indian Creek Valley Railway Company.

Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Jacobs, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.

Author: Per Curiam

[ 264 Pa. Super. Page 589]

On July 12, 1978, we remanded, 259 Pa. Super. 632, 393 A.2d 1295, this matter to the court below for the filing of an opinion. Such opinion was filed on October 12, 1978, and returned to us pursuant to our remand. That opinion confesses error. We agree.

The order of the court below entered on November 19, 1976, is reversed and the matter remanded for proceedings in conformance with the opinion of the court below filed October 12, 1978.

19790412

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