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McDONALD v. ALLEN

416 Pa. 397 (1965)

McDonald, Appellant, v. Allen.

Supreme Court of Pennsylvania.

January 12, 1965.

Attorney(s) appearing for the Case

Edwin S. Malmed, for appellant.

Raphael Goldstein, for appellee.

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

OPINION PER CURIAM, January 12, 1965:

Thomas E. McDonald filed a trespass action against Billy Allen on October 29, 1963.

The complaint was served November 4, 1963, and, in the normal course of events, an appearance was due to be filed by November 25, 1963. Despite numerous telephone requests from McDonald's counsel and a letter from him dated December 20, 1963 asking Allen's insurance company to enter an appearance and file an answer "at once", no appearance...

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