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CITY OF PHILA. v. WILLIAMS

No. 274 C.D. 1988.

122 Pa.Commw. 630 (1989)

553 A.2d 111

City of Philadelphia, Appellant v. Calhoun H. Williams, Appellee.

Commonwealth Court of Pennsylvania.

January 19, 1989.

Attorney(s) appearing for the Case

Kevin M. McKenna, Assistant City Solicitor, with him, Carl Oxholm, III, Chief Deputy City Solicitor, for appellant.

Bruce W. McCullough, Swartz, Campbell & Detweiler, for appellee.

Argued December 15, 1988, before Judges CRAIG and BARRY, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY SENIOR JUDGE NARICK, January 19, 1989:

The City of Philadelphia (City) appeals from a decision of the Court of Common Pleas of Philadelphia County granting a petition to open judgment filed by Calhoun H. Williams (Williams). We reverse.

This suit has its genesis in a writ of summons filed by Williams on May 13, 1987. The City thereafter filed a rule to file a complaint on June 19, 1987. When Williams did not file a complaint, the City filed a praecipe...

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