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BRUDER v. CARLIN

402 Pa.Super. 152 (1991)

586 A.2d 441

Peter B. BRUDER, v. John L. CARLIN and Jay R. Carlin. Appeal of Jay R. CARLIN. Peter B. BRUDER, Appellant, v. John L. CARLIN and Jay R. Carlin.

Superior Court of Pennsylvania.

Filed February 15, 1991.

Attorney(s) appearing for the Case

Thomas O. Malcolm, West Chester, for appellant (at 149) and appellee (at 314).

John M. Sheridan, Media, for appellant (at 314) and appellee (at 149).

Before BECK, KELLY and POPOVICH, JJ.

BECK, Judge:

This is an appeal and cross-appeal from a judgment entered on a jury verdict in a personal injury suit. The issue we address is whether the trial court erred in refusing to award plaintiff delay damages on the basis of the Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.C.A. App. §§ 501-591 (1981) (the Act), because defendant was in military service for a portion of the time prior to the trial of this action.1

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