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MOLLIE ABESHAUS ET AL. v. POTTSVILLE AREA SCHOOL DISTRICT (05/09/79)

decided: May 9, 1979.

MOLLIE ABESHAUS ET AL., APPELLANTS
v.
POTTSVILLE AREA SCHOOL DISTRICT, APPELLEE



Appeal from the Order of the Court of Common Pleas of Schuylkill County in case of Mollie Abeshaus, James Burd, Geraldine Byrnes, Evelyn Dautlick, Mary Deegan, Helen Gillars, Martha Greenwood, Helen Homa, Margaret Jaeger, Richard Jones, Daniel Kemple, Rosemary Kerry, Matthew Maley, Thomas Malloy, Alta Minnichbach, Doris Morgan, Cleona Picus, Jean Plumb, Violet Rummel, Frances Scheipe and Betty Sykes v. Pottsville Area School District, No. S-1118 September Term, 1975.

COUNSEL

Frank L. Majczan, Jr., with him Majczan & Heidecker, for appellants.

Wallace B. Eldridge, III, with him Alvin B. Marshall, and Lipkin, Stutzman, Marshall & Bohorad, P.C., for appellee.

Judges Crumlish, Jr., Wilkinson, Jr. and Mencer, sitting as a panel of three. Opinion by Judge Crumlish, Jr. Judge Mencer dissents.

Author: Crumlish

[ 42 Pa. Commw. Page 519]

Appellants allege abuse of discretion in the opening of a default judgment by the Court of Common Pleas of Schuylkill County. Finding none, we affirm on the opinion by former President Judge Curran found at 73 Sch. L.R. 71 (1977).

Accordingly, we

Order

And Now, this 9th day of May, 1979, the order of the Court of Common Pleas of Schuylkill County entered June 20, 1977, at No. S-1118, September Term, 1975, is affirmed and may be found at 73 Sch. L.R. 71 (1977).

Judge Mencer dissents.

Disposition

Affirmed. (Judge Mencer ...


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