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GOLDSTEIN v. GRAD. HOSP. of the U. of PENNA.

441 Pa. 179 (1971)

Goldstein v. Graduate Hospital of The University of Pennsylvania, Appellant.

Supreme Court of Pennsylvania.

January 7, 1971.

Attorney(s) appearing for the Case

James R. Redeker, with him John J. Dautrich, and White and Williams, for appellant.

Rudolph A. Chillemi, with him Herbert F. Kolsby, and Kolsby & Wolf, for appellee.

Before JONES, COHEN, EAGEN, O'BRIEN and POMEROY, JJ.

OPINION BY MR. JUSTICE JONES, January 7, 1971:

This is an appeal in a trespass action instituted in the Court of Common Pleas of Philadelphia from an order granting appellee's motion to remove the judgment of non pros. taken by the appellant for failure of the appellee to file a complaint within twenty days after a rule was filed requiring appellee to do so or suffer judgment of non pros.

There is no dispute about the facts. The death of appellee's decedent...

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