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PENNSY SUPPLY v. AMER. ASH RECYCLING CORP.

895 A.2d 595 (2006)

PENNSY SUPPLY, INC., Appellant v. AMERICAN ASH RECYCLING CORP. of Pennsylvania, Appellee.

Superior Court of Pennsylvania.

Filed March 17, 2006.

Reargument Denied May 23, 2006.

Attorney(s) appearing for the Case

David A. Flores, Lancaster, for appellant.

David A. Fitzsimmons, Carlisle, for appellee.

BEFORE: JOYCE, ORIE MELVIN and TAMILIA, JJ.

OPINION BY ORIE MELVIN, J.:

¶ 1 Appellant, Pennsy Supply, Inc. ("Pennsy"), appeals from the grant of preliminary objections in the nature of a demurrer in favor of Appellee, American Ash Recycling Corp. of Pennsylvania ("American Ash"). We reverse and remand for further proceedings.

¶ 2 The trial court summarized the allegations of the complaint as follows:

The instant case arises out of a construction project for Northern York High School...

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