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MALIN, et ux. v. NUSS

234 Pa.Super. 259 (1975)

Malin, et ux., Appellants, v. Nuss.

Superior Court of Pennsylvania.

April 22, 1975.

Attorney(s) appearing for the Case

C. Cushman, with him Steven R. Sosnov, Michael H. Malin, and Sosnov and Sosnov, for appellants.

George Willner, with him Pearlstine, Salkin, Hardiman and Robinson, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, and SPAETH, JJ. (VAN DER VOORT, J., absent).

OPINION BY PRICE, J., April 22, 1975:

This appeal raises questions requiring interpretation of the Mechanics' Lien Law of 1963, Act of August 24, 1963, P.L. 1175, No. 497 (49 P.S. § 1101 et seq.). We reverse the Order of the lower court and remand for trial.

In 1965, the plaintiffs-appellants, Michael H. Malin and his wife, Dorothy S. Malin, contracted with Tad Home Builders, Inc., for the construction of a residence on property owned by the Malins...

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