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PERRY CONS., INC. v. PALMYRA BORO. AUTH.

No. 33 T.D. 1977.

37 Pa.Commw. 126 (1978)

Perry Construction, Inc., Appellant v. Palmyra Borough Authority, Appellee.

Commonwealth Court of Pennsylvania.

August 1, 1978.

Attorney(s) appearing for the Case

Roger D. Susanin, with him Cunniff, Bray & McAleese, and, of counsel, Ehrgood & Ehrgood and A. Harry Ehrgood, for appellant.

J. Bruce Walter, with him James L. Atkins, Solicitor, for appellee.

Argued June 6, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE WILKINSON, JR., August 1, 1978:

This is an appeal from an order of the Lebanon County Court of Common Pleas which overruled appellant's preliminary objections to appellee's petition for declaratory judgment. Appellee's motion to quash the appeal as interlocutory was denied by the Superior Court but such order was vacated by this Court for want of jurisdiction of that court following transfer...

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