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ZEHR v. MARCH

407 Pa. 471 (1962)

Zehr, Appellant, v. March.

Supreme Court of Pennsylvania.

May 21, 1962.

Attorney(s) appearing for the Case

J. Leon Rabben, with him Leonard F. Markel, and Tubis and Rabben, for appellant.

W.J.C. O'Donnell, with him John P. Yatsko, and O'Donnell & O'Donnell, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.

OPINION PER CURIAM, May 21, 1962:

The order of the court below is affirmed on the opinion of President Judge FORREST of the Court of Common Pleas of Montgomery County.

DISSENTING OPINION BY JUSTICE COHEN:

Since the petition to open judgment in this case did not contain and the defendants did not prove a meritorious defense, and since the failure on the part of defendants' counsel to represent diligently the defendants has not been properly excused...

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