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MERRIAM v. CEDARBROOK REALTY, INC.

266 Pa.Super. 269 (1978)

404 A.2d 407

John W. MERRIAM v. CEDARBROOK REALTY, INC. and Witchwood, Inc. and Cedarbrook Joint Venture, Defendants, Merrill Taub and Anthony H. Harwood, Trustees for Institutional Investors Trust, Intervenor and the Fidelity Bank, Intervenor. Appeal of Merrill TAUB and Anthony H. Harwood, Trustees for Institutional Investors Trust, Intervenor.

Superior Court of Pennsylvania.

Decided December 29, 1978.

Petition for Allowance of Appeal Granted April 17, 1979.

Attorney(s) appearing for the Case

Jerome J. Shestack, Philadelphia, for appellants.

Jeffrey A. Less, Philadelphia, for appellee, John W. Merriam.

No appearance entered nor brief submitted for appellee, The Fidelity Bank, intervenor.

Before JACOBS, President Judge, and CERCONE and LIPEZ, JJ.

JACOBS, President Judge:

This appeal is taken from an order of the court below dismissing the petition of Institutional Investors Trust (IIT) to mark a judgment entered by Merriam satisfied under the Deficiency Judgment Act.1 The issue for our determination is whether the lower court erred in dismissing the petition on the record before it. For the reasons that follow, we find no error, and therefore affirm the order entered below.

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