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Publicker v. Shallcross

supplemental opinion: October 13, 1938.

PUBLICKER
v.
SHALLCROSS ET AL.



Supplemental Opinion.

Per Curiam.

Petition has been filed in the above stated cause for the "modification of decree". Counsel has called our attention to the fact that Publicker did not appeal from the interlocutory decree overruling the demurrer, as we stated in our memorandum filed August 12, 1938, but from the decree of the District Court of May 6, 1937, vacating its prior decree of December 3, 1935. It appears that if we affirm the decree from which the appeal was taken, it would end the case and not result in a hearing upon the merits as we intended. In order to accomplish this, it is necessary to reverse the decree of May 6, 1937, with directions to the appellant to file an answer in the District Court within ten days from receipt of the decree to be made herein to the petition filed March 2, 1937.Accordingly a decree so providing will be entered.

19381013

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