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ELKIN v. BELL TEL. CO.

247 Pa.Super. 505 (1977)

372 A.2d 1203

Irving ELKIN, assignee of Studio Photographers, Inc. of Pennsylvania v. The BELL TELEPHONE COMPANY of Pennsylvania, Appellant.

Superior Court of Pennsylvania.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Jerome J. Shestack, Philadelphia, with him James D. Crawford, Philadelphia, for appellant.

Jack A. Rounick, Norristown, with him Michael Brodie, Philadelphia, and Emanuel A. Bertin, Norristown, for appellee.

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

JACOBS, Judge:

The Bell Telephone Company of Pennsylvania has appealed from the order of the lower court refusing its motion for summary judgment.1 Bell contends that there are no remaining issues of fact which the lower court has jurisdiction to decide. For the reasons developed below, we reverse.

A brief exposition of the facts is necessary for a full understanding of the issues and arguments on this appeal. Appellee's assignor...

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