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COM. EX REL. PA., ETC. v. RELIANCE DEV.

258 Pa.Super. 276 (1978)

392 A.2d 792

COMMONWEALTH of Pennsylvania ex rel. PENNSYLVANIA SECURITIES COMMISSION, v. RELIANCE DEVELOPMENT CORP., Trans Corporation, Trav-Verse Ltd., Redevco, Inc., and Golfco Corp., ex rel. Bushkill Township. Appeal of RELIANCE DEVELOPMENT CORPORATION (at No. 850). Appeal of Anthony and Jean MERLO, Intervenors (at No. 864).

Superior Court of Pennsylvania.

Decided October 20, 1978.

Attorney(s) appearing for the Case

Ronald W. Shipman, Easton, for appellant at No. 850, and appellee at No. 864.

Donald F. Spry, II, Bangor, for appellants at No. 864, and appellees at No. 850.

Joseph M. Reibman, Easton, for appellee, Bushkill Tp.

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

CERCONE, Judge:

The instant appeal arises from a final decree in equity denying the claims of Mr. and Mrs. Anthony Merlo and the receiver for Reliance Development Corp. to a fund of money currently held in escrow by Bushkill Twp. in Northampton County. The effect of the decree was to award the fund to Bushkill Twp. We find this decree in error, and will reverse and remand for further proceedings. The relevant facts are as follows.

In March, 1969 Reliance Development...

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