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MILLER v. COML. ELECTRIC CONSTR., INC.

223 Pa.Super. 216 (1972)

Miller v. Commercial Electric Construction, Inc. (et al., Appellant).

Superior Court of Pennsylvania.

November 16, 1972.

Attorney(s) appearing for the Case

Fredric C. Jacobs, with him E. Jerome Brose, and Brose, Poswistilo, LaBarr & Jacobs, for appellant.

Edward C. McCardle, with him King, McCardle, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.

OPINION BY HOFFMAN, J., November 16, 1972:

This appeal involves the question of whether an individual employee may recover sums claimed for labor supplied or performed from a surety when the compensation for such labor is calculated, in part, upon a percentage of the profits of the employer rather than paid on a weekly, monthly, or other basis.

This case is before us upon the appeal of appellant, United States Fidelity & Guaranty Company (hereinafter ...

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