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SCHUSTER v. GILBERTON COAL CO.

412 Pa. 353 (1963)

Schuster, Appellant, v. Gilberton Coal Company.

Supreme Court of Pennsylvania.

October 11, 1963.

Attorney(s) appearing for the Case

Thomas D. McBride, with him George I. Puhak, William J. Krencewicz, Alan J. Davis, Howard Gittis, and Wolf, Block, Schorr & Solis-Cohen, for appellants.

Lewis Weinstock, with him Joseph G. Manta, Ralph M. Bashore, and LaBrum & Doak, for appellee.

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

OPINION BY MR. JUSTICE ROBERTS, October 11, 1963:

This appeal arises from an order of the Court of Common Pleas of Schuylkill County which sustained a demurrer to appellants' amended complaint, denied leave to amend, and entered judgment for appellee. Thus, for purposes of this appeal, every well pleaded fact in the amended complaint must be considered as admitted. Mistick v. Cammack, 397 Pa. 296

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