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COMMONWEALTH v. NATL. B. & T. CO. of CEN. PA.

Appeal, No. 452 C.D. 1972.

9 Pa.Commw. 358 (1973)

Commonwealth v. National Bank & Trust Company of Central Pennsylvania.

Commonwealth Court of Pennsylvania.

May 31, 1973.

Attorney(s) appearing for the Case

Richard H. Wix, with him Metzger, Wickersham, Knauss & Erb, for appellant.

Heath L. Allen, with him William E. Miller, Jr., and Metzger, Hafer, Keefer, Thomas and Wood, for appellee.

Argued December 5, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE CRUMLISH, JR., May 31, 1973:

We are asked to determine the propriety of the action of the Court of Common Pleas of Dauphin County in (1) granting appellee a new trial; and (2) refusing to grant appellant bank's motion for a compulsory nonsuit on the facts in this case.

The genesis of this controversy was the institution by the Commonwealth of an action in assumpsit to recover $21,138.07 with appropriate interest from National Bank & Trust...

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