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MERION SPRING CO. v. MUELLES, ETC.

315 Pa.Super. 469 (1983)

462 A.2d 686

MERION SPRING COMPANY T/A Green Spring Company, v. MUELLES HNOS. GARCIA TORRES, S.A., Appellant. MERION SPRING COMPANY T/A Green Spring Co., Appellant v. MUELLES HNOS. GARCIA TORRES, S.A.

Supreme Court of Pennsylvania.

Filed May 27, 1983.

Reargument Denied August 4, 1983.

Petition for Allowance of Appeal Granted December 15, 1983.

Attorney(s) appearing for the Case

Richard Friedman, Philadelphia, for appellant (at No. 1343) and for appellee (at No. 1418).

Gilbert E. Toll, Philadelphia, for appellant (at No. 1418) and for appellee (at No. 1343).

Before SPAETH, ROWLEY and CIRILLO, JJ.

ROWLEY, Judge:

These are cross-appeals from a judgment entered pursuant to an order of the court en banc. The court rendered a partial "Judgment N.O.V." in favor of the appellant in No. 1418, but otherwise affirmed the general decision entered by the trial judge who sat without a jury.

Merion Spring Company (hereafter "Merion" or "plaintiff"), appellant in No. 1418, commenced this action on February 14, 1974, by filing a complaint in assumpsit. Merion...

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