FRAMLAU CORP. v. DELAWARE CO.


223 Pa.Super. 272 (1972)

Framlau Corporation, Appellant, v. Delaware County.

Superior Court of Pennsylvania.

December 11, 1972.


Attorney(s) appearing for the Case

Richard S. Mailman, with him Fine & Mailman, for appellant.

Edward H.P. Fronefield, with him Fronefield, deFuria and Petrikin, for appellee.

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


OPINION BY CERCONE, J., December 11, 1972:

The problem in this case relates to the sufficiency of plaintiff's amended complaint which, with the exception of the first count, was dismissed by the lower court on defendant's preliminary objections in the nature of a demurrer.

Apparently, plaintiff filed its amended complaint "as of course" following defendant's preliminary objections to the original complaint since the record is silent on any lower court action...

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