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KLINE v. STATE PUB. SCH. BLDG. AUTH.

396 Pa. 281 (1959)

Kline, Appellant, v. State Public School Building Authority.

Supreme Court of Pennsylvania.

June 30, 1959.

Attorney(s) appearing for the Case

William S. Livengood, Jr., with him John Arnold Crisman, Charles J. Ware, and Livengood, Braucher & Stroup, for appellant.

James W. Reynolds, with him Allen Shaffer, and Shelley, Reynolds and Lipsitt, for appellee.

Robert L. Rubendall, with him Hull, Leiby and Metzger, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, June 30, 1959:

This appeal by the plaintiff is from an order striking off a discontinuance entered by him in an action of assumpsit which he had instituted for an amount alleged to be due by the defendant under a written contract. The pleadings had been completed to the extent of an answer by the defendant, the filing of a complaint by an interpleaded plaintiff, answer by the plaintiff to the statement of claim of the interpleaded...

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