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PUSHNIK v. WINKY'S DRIVE IN RES., INC.

242 Pa.Super. 323 (1976)

363 A.2d 1291

Anthony PUSHNIK v. WINKY'S DRIVE IN RESTAURANTS, INC., a corporation, et al., Appellants, v. Walter J. SMITH et al. Appeal of JIFFY STEAK COMPANY.

Superior Court of Pennsylvania.

September 27, 1976.

Attorney(s) appearing for the Case

James F. Manley, Pittsburgh, for appellant in No. 285.

W. Arch Irvin, Jr., Pittsburgh, for appellant in No. 299.

George A. Conti, Jr., Edgar P. Herrington, Jr., Patrick R. Riley, Costello & Berk, Greensburg, for appellee.

PRICE, Judge.

Defendant-appellant Winky's Greensburg, Inc. (Winky's), operates a restaurant at the intersection of Route 119 and Huff Avenue, in South Greensburg, Pennsylvania. In 1969, the food-service aspect of Winky's operation could have been characterized by its efficiency. All food was prepared "to go." No tables or seats were provided for patrons. A diner had the option of partaking of his repast while...

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