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B. BORNSTEIN & SON v. R.H. MACY & CO.

278 Pa.Super. 156 (1980)

420 A.2d 477

B. BORNSTEIN & SON, INC. v. R.H. MACY & COMPANY, INC., Springpenn Properties Corp., Powertherm Corporation, Belfi Bros. & Co., Inc., Berger Acoustical Company, Inc., Ceilings, Inc., Consho Construction Co., Diebold, Inc., J.B. Eurell Co., Gerngross Corporation, Grinnell Fire Protection Systems Co., Inc., John B. Kelly, Inc., Moriarity-Hoffner, Inc., Powertherm Corporation, L.N. Scott Co., Suburban Enterprises-Terrazzo & Tile Co., Inc., Harold E. Sweeney Corp., United Drywall Corp., United Pacific Insurance Company, Whelan Manufacturing Co., Williard, Inc. Appeal of POWERTHERM CORPORATION. Appeal of CONSHO CONSTRUCTION CO.

Superior Court of Pennsylvania.

Filed April 25, 1980.

Reargument Denied September 15, 1980.

Attorney(s) appearing for the Case

Paul J. Donnelly, Philadelphia, for appellants.

Marc J. Sonnenfeld, Philadelphia, for appellees.

Before SPAETH, STRANAHAN and SUGERMAN, JJ.

SPAETH, Judge:

This is an appeal from an order entering summary judgment and directing the pro-rata distribution of funds in the court's possession.

This action has its origins in a contract between B. Bornstein and Son, Inc., a construction company, and Springpenn Properties Corp., which is a wholly owned subsidiary of R.H. Macy and Company, Inc., for the construction of a Bamberger's department store in Delaware County. When the store was completed, there...

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