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OLYMPIC, INC. v. McKEESPORT M. WATER

No. 1176 C.D. 1985 and 1177 C.D. 1985.

104 Pa.Commw. 107 (1987)

521 A.2d 95

Olympic, Inc., operating and doing business under the name of Olympic Lounge & Restaurant, Appellants v. McKeesport Municipal Water and City of McKeesport, Appellees. Earl Miller, on behalf of himself and all other persons similarly situated, Appellant v. McKeesport Municipal Water and City of McKeesport, Appellees.

Commonwealth Court of Pennsylvania.

February 19, 1987.

Attorney(s) appearing for the Case

Randy L. Rayl, with him, Cyril H. Wecht and Leonard M. Mendelson, for appellants.

Frederick N. Egler, Jr., with him, Ronald H. Heck and Gregory L. Fitzpatrick, Egler, Anstandig, Garrett & Riley, for appellee, McKeesport Municipal Water Authority.

Patrick J. Shannon, for appellee, City of McKeesport.

Argued October 6, 1986, before Judges CRAIG and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, February 19, 1987:

Earl Miller, on behalf of all persons who allegedly were physically injured by a giardia infestation of the McKeesport water system, and Olympic, Inc., on behalf of all users of the giardia infested water who allegedly were economically damaged (collectively Appellants), appeal from orders of the Court of Common Pleas of Allegheny County (trial court) which sustained preliminary objections of the City of McKeesport and...

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