CLEMENTE v. I.L.G.W. UNION, ETC.


242 Pa.Super. 402 (1976)

364 A.2d 333

Girard H. CLEMENTE, Appellant, v. INTERNATIONAL LADIES' GARMENT WORKERS' UNION, DEATH BENEFIT DEPARTMENT, also known as Death Benefit Fund, Louis Rolnick, Director and Abraham P. Conan, Supervisor.

Superior Court of Pennsylvania.

September 27, 1976.


Attorney(s) appearing for the Case

Paul A. Liebman, Philadelphia, for appellant.

Michael Brodie, E. Chaiken, Philadelphia, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


PRICE, Judge.

This case can best be described as a procedural nightmare. We conclude that the lower court improperly entered an amended order while an appeal was pending with this court. We will, therefore, vacate the order of June 27, 1975, reinstate the order of June 2, 1975, and remand for an evidentiary hearing.

The facts indicate that on January 7, 1975, plaintiff-appellant filed a suit in assumpsit to collect $2,000.00 in death benefits from defendants...

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