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BINSWANGER v. LEVY

311 Pa.Super. 41 (1983)

457 A.2d 103

Frank G. BINSWANGER, Jr., John K. Binswanger, Anthony J. Walton, Jr., and Robert M. Brasler, Individually and t/a the Binswanger/Herman Company, Appellants, v. Robert P. LEVY and David Richard Levy, and Burton K. Stein, Esquire and Barclay Hotel Associates.

Superior Court of Pennsylvania.

Filed February 18, 1983.

Attorney(s) appearing for the Case

Jean C. Hemphill, Philadelphia, for appellants.

Sidney Ginsberg, Philadelphia, for appellees.

Before ROWLEY, CIRILLO and MONTEMURO, JJ.

ROWLEY, Judge:

This is an appeal from an order of the trial court sustaining appellees' preliminary objections in the nature of a demurrer and dismissing appellants' complaint in assumpsit.

Initially we note the applicable standard of review is expressed in Donnelly v. DeBourke, 280 Pa.Super. 486, 489-90, 421 A.2d 826, 828 (1980) (citations omitted): [W]hen considering...

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