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FINDLAY TP. v. RYAN HOMES, INC.

279 Pa.Super. 294 (1980)

420 A.2d 1341

FINDLAY TOWNSHIP v. RYAN HOMES, INC., Kenmawr Development Company and Duquesne Light Company v. L. Robert KIMBALL, d/b/a L. Robert Kimball & Associates, Consulting Engineers and Architects, and Metz Contracting, Inc., a corporation. Appeal of RYAN HOMES, INC.

Superior Court of Pennsylvania.

Filed July 3, 1980.

Attorney(s) appearing for the Case

William J. Chapas, Pittsburgh, for Ryan Homes, appellant.

Frank Kernan, Pittsburgh, for Findlay Township, appellee.

T. Lawrence Palmer, Pittsburgh, for Kenmawr and Duquesne, appellees.

John H. Riordan, Jr., Pittsburgh, for Kimball, appellee.

Gary P. Hunt, Pittsburgh, for Metz, appellee.

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

MONTGOMERY, Judge:

These two appeals were taken by appellant, Ryan Homes, Inc., from separate orders sustaining the preliminary objections of additional defendants, L. Robert Kimball and Metz Contracting, Inc. and striking the additional New Matter of appellant, Ryan Homes, Inc.

The procedural facts relevant to this appeal are as follows: On August 2, 1976, plaintiff, Findlay Township, filed a complaint...

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