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ZELLMAN v. FICKENSCHER

452 Pa. 596 (1973)

Zellman, Appellant, v. Fickenscher.

Supreme Court of Pennsylvania.

July 2, 1973.

Attorney(s) appearing for the Case

Gerald F. Tietz, with him Norman A. Oshtry, and Oshtry & Tietz, for appellant.

S. Jay Sklar, Assistant City Solicitor, with him John Mattioni, Deputy City Solicitor, and Martin Weinberg, City Solicitor, for appellees.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE NIX, July 2, 1973:

This proceeding arises from an order of the Court of Common Pleas of Philadelphia granting a petition to open a default judgment.

The relevant facts are as follows: On April 20, 1970, the appellant filed a complaint in trespass against the appellees, three Philadelphia police officers and the City of Philadelphia. The complaint alleged that the three individual appellees repeatedly struck the appellant on or about...

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