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BUTLER v. EMERSON

No. 1734 C.D. 1981.

76 Pa.Commw. 156 (1983)

Terrance Butler, Director of Mental Retardation Services, Bradford, Sullivan, Tioga Counties et al., Appellants v. Maude Lynn Emerson, an incompetent, by Geraldine Emerson, her Guardian, Appellee.

Commonwealth Court of Pennsylvania.

August 4, 1983.

Attorney(s) appearing for the Case

Jonathan P. Foster, Riffle and Foster, for appellants.

Harold C. Caldwell, Vineski, Brann, Williams and Caldwell, for appellee.

Argued February 2, 1983, before President Judge CRUMLISH, JR. and Judges MacPHAIL and DOYLE, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., August 4, 1983:

This is an appeal1 from a Bradford County Common Pleas Court order granting partial peremptory judgment in a mandamus action. We quash the appeal.

Peremptory judgment was entered January 7, 1981. The trial court dismissed the appellants' exceptions on June 11, 1981, and an appeal was taken to this Court. However, the docket does not show that a motion to open judgment has...

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