BROWN v. COONEY


296 Pa.Super. 117 (1982)

442 A.2d 324

Richard L. BROWN, Isabelle A. Brown, James F. Haberkorn, and Mary Elizabeth Haberkorn, Appellants, v. Paul A. COONEY, Charles M. Cooney and James R. Cooney, trading and doing business as Cooney Bros. Coal Co., a partnership, and Adams Township.

Superior Court of Pennsylvania.

Filed March 5, 1982.


Attorney(s) appearing for the Case

Edward F. Peduzzi, Ebensburg, for appellants.

John A. Metz, Jr., Pittsburgh, for Cooney, etc., appellees.

Mark Gregg, Johnstown, for Adams Tp., appellee.

Before BROSKY, DiSALLE and SHERTZ, JJ.


SHERTZ, Judge:

This is an appeal from the order of the court below granting summary judgment to Appellee defendants. The trial court concluded that Appellants' complaint was barred by res judicata. On appeal, Appellants contend that their complaint was not barred by res judicata and was timely filed within the statute of limitations. We disagree and accordingly affirm the order of the court below.

The pertinent facts are as follows. Appellants filed a complaint...

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