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GRAZIANO CONST. CO., INC. v. LEE

298 Pa.Super. 311 (1982)

444 A.2d 1190

GRAZIANO CONSTRUCTION COMPANY, INC., a Pennsylvania corporation, Appellant, v. Laurence F. LEE, Jr., Bert A. Betts, Roy B. Davis, Jr., N. Clement Slade, Jr., Robert M. Green, Luther H. Hodges, James B. McIntosh, Arthur W. Milam, Jack H. Quartitius, Frederick H. Schroeder, and John W. York, not individually but as trustees of Fidelity Mortgage Investors, a Massachusetts business trust; and DLPST Corporation, a Pennsylvania corporation.

Superior Court of Pennsylvania.

Filed April 23, 1982.

Petition for Allowance of Appeal Denied August 30, 1982.

Attorney(s) appearing for the Case

Robert W. Doty, Pittsburgh, for appellant.

Richard B. Tucker, III, Pittsburgh, for appellees.

Before PRICE, CAVANAUGH and HOFFMAN, JJ.

PRICE, Judge:

On May 23, 1974, appellant, Graziano Construction Company, Inc. [hereinafter Graziano] obtained a writ of foreign attachment directing the seizure of certain property owned by Fidelity Mortgage Investors [hereinafter FMI]. The attachment was released on June 25, 1974, when FMI filed a bond in the amount of $275,000 with the court below. On August 29, 1978, the court of common pleas granted FMI's motion to cancel and discharge the bond, reasoning that...

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