280 A.2d 383
Supreme Court of Pennsylvania.
August 10, 1971.
Submitted July 19, 1971. Before BELL, C. J., JONES, EAGEN, O’BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.
Appeal, No. 35, Jan. T., 1972, from decree of Court of Common Pleas of Lackawanna County, March T., 1971, No. 31, in case of Gladys Sturdevant v. Dalton Sewer Authority. Decree vacated.
Equity. Before ROBINSON, P. J., CONABOY, and KOSIK, JJ.
Decree entered dismissing plaintiff’s summons and complaint for failure to post bond with surety as directed by court. Plaintiff appealed.
William Zacharellis, for appellant.
John J. Dunn, and Shearer, Mette Hoerner, for appellee.
OPINION PER CURIAM, August 10, 1971:
Decree of April 30, 1971 vacated. The matter is remanded to the court below with instructions to immediately
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proceed to permit appellee to file preliminary objections to the complaint, if it so desires, or, in lieu thereof, an answer on the merits, in which latter event upon filing of such answer, an evidentiary hearing should be held forthwith and the matter determined with expedition.