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CUMBERLAND BLDGS. CO., INC. v. BLANCHETTE

261 Pa.Super. 31 (1978)

395 A.2d 572

CUMBERLAND BUILDINGS COMPANY, INC. v. Robert W. BLANCHETTE, Richard C. Bond, and John H. McArthur as trustees of the property of Penn Central Transportation Company, and Burlington Northern Railroad, Appellants.

Superior Court of Pennsylvania.

Decided October 27, 1978.

Reargument Denied December 29, 1978.

Attorney(s) appearing for the Case

David C. Eaton, Harrisburg, with him James R. Humer, Carlisle, for appellants.

George F. Douglas, Jr., Carlisle, for appellee.

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

CERCONE, Judge:

Defendant-appellants, the trustees of the property of Penn Central Transportation Company (Penn Central) and Burlington Northern Railroad (Burlington), appeal from the order of the court below dismissing exceptions to an adjudication and award entered in favor of plaintiff-appellee, Cumberland Buildings Company, Inc. (Cumberland). For the reasons appearing below, we reverse.

In July of 1971...

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