LONG JOHN SILVER'S, INC. v. FIORE


255 Pa.Super. 183 (1978)

386 A.2d 569

LONG JOHN SILVER'S, INC., a corporation v. William FIORE, Harold Aletto and Paul Lesko (two cases). Appeal of Harold ALETTO. Appeal of Paul LESKO.

Superior Court of Pennsylvania.

Decided April 28, 1978.


Attorney(s) appearing for the Case

Frank E. Coho, Pittsburgh, for appellants.

Michael D. Fox, Pittsburgh, with him Robert Engel, Pittsburgh, for appellee.

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


HOFFMAN, Judge:

Appellants contend that the lower court erred in (1) granting appellee's motion for summary judgment, and (2) dismissing appellants' equitable claims and transferring them to the law side of the court as claims for damages only. We disagree and, therefore, affirm the lower court.

This case arises from conflicting claims to a twenty feet wide strip of land in Pleasant Hills Borough, Allegheny County. The pleadings, affidavits, and deposition...

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