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GORDON-STUART v. ALLEN SHOPS

239 Pa.Super. 35 (1976)

Gordon-Stuart Ltd. et al., Appellants, v. Allen Shops, Inc. et al.

Superior Court of Pennsylvania.

March 29, 1976.

Attorney(s) appearing for the Case

Miles Warner, with him Warner & Huntington, for appellants.

William B. Koch, for appellee, Richard Frantz.

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

OPINION BY CERCONE, J., March 29, 1976:

This is an appeal from an order of the court below granting defendant Frantz's1 motion to strike the plaintiffs' complaint. The events giving rise to the lower court's decision are as follows.

On June 24, 1973, the plaintiffs (appellants herein) filed a complaint in trespass and assumpsit naming Frantz, among others, as a defendant. Plaintiffs' cause of action was based upon an allegedly...

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