WEST MOUNTAIN POULTRY CO. v. GRESS


309 Pa.Super. 361 (1982)

455 A.2d 651

WEST MOUNTAIN POULTRY COMPANY, Appellant, v. Myron GRESS, Ronald Gress, Peter Gress, Edward J. Gress, Gress Foods, Inc. and Gress Poultry, Inc.

Superior Court of Pennsylvania.

Filed December 10, 1982.

Reargument Denied February 25, 1983.


Attorney(s) appearing for the Case

Roger Mattes, Scranton, for appellant.

James J. Zaydon, Scranton, for Myron, Ronald, Peter and Edward Gress, appellees.

Clinton R. Weidner, Jr., Lemoyne, for Gress Foods and Gress Poultry, appellees.

Before CAVANAUGH, CIRILLO and HOFFMAN, JJ.


HOFFMAN, Judge:

Appellant contends that the lower court erroneously granted a non-suit in favor of appellees. Because questions of fact remained to be determined, we reverse and remand for a new trial.

Appellant, West Mountain Poultry Co., is owned in equal shares by Jerome Barth and Gress Farms, Inc. Gress Farms, Inc. owned by several members of the Gress family who, in varied alignments hold two other chicken processing plants with the Gress name, leases...

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