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MILL-MAR, INC. v. STATHAM

278 Pa.Super. 296 (1980)

420 A.2d 548

MILL-MAR, INC. v. Frank and Alma STATHAM, James E. and Harriet J. Keena, Ronald V. and Bonita L. Kalwara, John C. and Anna M. Myers, Walter T. and Henrietta J. Hynicka, George P. and Sharon J. Olsen, Richard D. and Patricia A. Claffey, Mary Lorene Fox, Daniel J. and Madelyn E. Ward, Richmond Hills Savings Bank, Crockett Mortgage Co., Federal Mortgage Assoc., Fulton National Bank, Commonwealth National Bank and First Federal Savings and Loan Assoc., their heirs and assigns and all successors in title to a parcel of real estate situate in East Hempfield Township, Lancaster County, Pennsylvania. Appeal of Frank and Alma STATHAM and James E. and Harriet J. Keena.

Superior Court of Pennsylvania.

Filed May 23, 1980.

Reargument Denied July 28, 1980.

Attorney(s) appearing for the Case

Menno B. Rohrer, Lancaster, for Frank Statham and Alma Statham, appellants.

D. Patrick Zimmerman, Lancaster, for James E. Keena and Harriet J. Keena, appellants.

David E. Wagenseller, III, Lancaster, for Mill-Mar Inc., appellee.

Before PRICE, SPAETH and LIPEZ, JJ.

LIPEZ, Judge:

Appellee Mill-Mar, Inc. (Mill-Mar), a land developer, hired1 a surveyor to survey its property and prepare a subdivision plan for recording, as required by Lancaster County ordinance.2 The surveyor's negligence in executing the plan resulted in the incorrect plotting of a road constructed by Mill-Mar through the subdivision. Mill-Mar then conveyed various parcels of land fronting on the road to...

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