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BELL TEL. CO. OF PENNSYLVANIA v. SANNER

248 Pa.Super. 273 (1977)

375 A.2d 93

The BELL TELEPHONE COMPANY OF PENNSYLVANIA, Appellant v. Mitchell W. SANNER, t/a and d/b/a M.W. Sanner Associates.

Superior Court of Pennsylvania.

Decided June 29, 1977.

Attorney(s) appearing for the Case

Jerome J. Shestack, Philadelphia, for appellant.

Don F. Marshall, Newtown, for appellee.

Before WATKINS, President Judge, JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

JACOBS, Judge:

This is an appeal by The Bell Telephone Company of Pennsylvania from the order of the lower court dismissing its preliminary objections to appellee's answer, new matter and counterclaim.1 For the reasons developed below, we reverse.

The pertinent facts of the case are not in dispute and may be summarized as follows: On August 25, 1975, Bell instituted this assumpsit action against appellee Mitchell W. Sanner to recover...

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