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FORTNEY v. BELL TELEPHONE OF PA.

267 Pa.Super. 576 (1979)

407 A.2d 391

Clarence FORTNEY, t/d/b/a Fortney's Garden Center, Appellant, v. BELL TELEPHONE OF PENNSYLVANIA and Counties Contracting and Construction Company.

Superior Court of Pennsylvania.

Decided June 8, 1979.

Petition for Allowance of Appeal Granted September 4, 1979.

Attorney(s) appearing for the Case

Daniel M. Pell, York, for appellant.

Daniel K. Deardorff, Carlisle, for appellees.

Before VAN der VOORT, HESTER and WIEAND, JJ.

HESTER, Judge:

This appeal comes to us from the lower court's order sustaining appellees' preliminary objections in the form of a demurrer to appellant's complaint. For purpose of this appeal, we must accept as true the facts averred in appellant's complaint and we accord him all the inferences reasonably deductible therefrom. Allstate Insurance Company v. Fioravanti, 451 Pa. 108, 299 A.2d 585 (1973); Barto v. Felix, ...

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