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STOLTZ v. DATASCOPE CORP.

400 Pa.Super. 473 (1990)

583 A.2d 1213

Deborah STOLTZ and Aloysius Stoltz, h/w, Appellants, v. DATASCOPE CORPORATION and Waterloo Industries Inc. and Mastrin and Mastrin Architects PC a/k/a Philip Mastrin Aia Architect and Associates PC TN Ward Company a/k/a Frank H. Wilson Co. and Williard Inc. v. ROY LARRY SCHLEIN AND ASSOCIATES and Day and Zimmerman and Associates.

Supreme Court of Pennsylvania.

Filed December 18, 1990.

Attorney(s) appearing for the Case

Lee Belfer, Philadelphia, for appellants.

Patricia A. Harper, Philadelphia, for Datascope, appellee.

Before CIRILLO, President Judge, and DEL SOLE and HOFFMAN, JJ.

HOFFMAN, Judge:

This case is before us on remand from our Supreme Court and concerns the opening of a default judgment. Appellants contend that the court below abused its discretion in opening the default judgment because (a) appellee failed to take depositions in accordance with Pa.R.Civ.P. 209 and specific court order, and (b) when the petition to open and appellants' answers are considered in light of Rule...

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