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BRITTON v. CONTINENTAL MIN. & SMELT. CORP.

366 Pa. 82 (1950)

Britton, Appellant, v. Continental Mining and Smelting Corporation.

Supreme Court of Pennsylvania.

November 20, 1950.

Attorney(s) appearing for the Case

Herbert R. Carroll, with him Stuart A. Culbertson, for appellant.

James A. Wright, with him Morris M. Berger and Maurice Parker, for appellee.

Before DREW, C.J. STERN, STEARNE, JONES, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE LADNER, November 20, 1950:

This is an appeal from an order of the Court of Common Pleas of Allegheny County which made absolute defendant's rule to open judgment and permitted defendant to file an answer or affidavit of defense on the condition that defendant did not assert a counterclaim against the plaintiff. The suit arose out of the lease of a power shovel to the defendant Continental Mining and Smelting Corporation on August 24, 1943. Plaintiff...

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