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AGSCO EQUIP. CORP. v. BOROUGH OF GREEN TREE

297 Pa.Super. 33 (1981)

443 A.2d 284

AGSCO EQUIPMENT CORPORATION, Appellant, v. BOROUGH OF GREEN TREE. BOROUGH OF GREEN TREE, v. AGSCO EQUIPMENT CORPORATION and Anthony M. Lombardi, Appellants.

Superior Court of Pennsylvania.

Filed September 4, 1981.

Reargument Denied April 13, 1982.

Petition for Allowance of Appeal Denied June 16, 1982.

Attorney(s) appearing for the Case

James R. Fitzgerald, Pittsburgh, for appellants.

Donald J. Lee, Pittsburgh, for appellee.

Before CERCONE, President Judge, and BROSKY and HOFFMAN, JJ.

PER CURIAM:

Appellant, Agsco Equipment Corporation, and appellee, Green Tree Borough, entered into a "Lease and Fill" Agreement which provided that Agsco would operate a landfill on property owned by the Borough. The contract stated that Agsco would operate the landfill for a period of three years and would pay the Borough rent in the amount of 35% of the gross income received by Agsco from the operation.

The Borough filed a complaint and petition seeking...

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