JUSTIN J. POWELL, INC. v. WIAN


456 Pa. 35 (1974)

Justin J. Powell, Inc., Appellant, v. Wian. Appeal of Humble Oil & Refining Company.

Supreme Court of Pennsylvania.

March 25, 1974.


Attorney(s) appearing for the Case

John H. Morgan, with him David E. Tungate, John R. Miller, Eckert, Seamans, Cherin & Mellott, and Miller, Kistler & Campbell, for Humble Oil & Refining Company, appellant in No. 73, and appellee in No. 76.

Carl A. Belin, Jr., with him Belin & Belin, for Justin J. Powell, Inc., appellant in No. 76, and appellee in No. 73.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION BY MR. JUSTICE EAGEN, March 25, 1974:

This is an action in equity instituted by Justin J. Powell, Inc. [Powell], against Alice B. Wian, executrix of the estate of Willard F. Wian, deceased, and Alice B. Wian, an individual, as well as against the Humble Oil and Refining Company [Humble]. Pretrial, the parties agreed to eliminate the estate of Willard F. Wian and Alice B. Wian as parties-defendant, and the action proceeded to trial as Powell v. Humble. After...

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