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MOORE v. PAVEX, INC.

356 Pa.Super. 50 (1986)

514 A.2d 137

Edwin MOORE, D/B/A Marabella's, Steve's and John's, Inc. D/B/A Continental Burgers and Picadeli Circus, Inc., Individually and On Behalf Of a Class of Plaintiffs Similarly Situated, Appellants, v. PAVEX, INC., Herre Bros., Inc. and Consolidated Rail Corporation. COUNTY OF DAUPHIN; William Nichols and George Nichols T/A the Colonnade Restaurant; Samuel Graci T/A Construction Collaborative; Robert Saligman T/A Cynwyd Investment; Ammoun C. Schneider and Daniel J. Richards a Partnership, T/A The Bread Basket, Appellants, v. PAVEX, INC., Herre Bros., Inc. and Consolidated Rail Corporation.

Supreme Court of Pennsylvania.

Filed August 11, 1986.

Attorney(s) appearing for the Case

Laurence S. Berman, Philadelphia, for appellants.

Kenneth I. Levin, Philadelphia, for Consolidated Rail, appellee.

Before CIRILLO, President Judge, and TAMILIA and HESTER, JJ.

TAMILIA, Judge:

This is an appeal from an Order entered by the Dauphin County Court of Common Pleas sustaining defendant/appellees' preliminary objections to plaintiff/appellants' consolidated amended class action complaint, thereby dismissing appellants' action.

Appellants' complaint is based on the September 11, 1984 rupture of a 42-inch water line, serving the City of Harrisburg and the Borough of Penbrook, by construction workers using a jackhammer. Appellants...

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