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KELLY v. HANNAN

388 Pa.Super. 638 (1989)

566 A.2d 310

Marion D. KELLY t/d/b/a Kelly Building Company, Appellant, v. Charles J. HANNAN and Nancy L. Hannan, His Wife Legal Title Holders/Owners Alan E. Thompson and Terri L. Thompson, his Wife Equitable Title Owners, Appellees.

Supreme Court of Pennsylvania.

Filed November 16, 1989.

Attorney(s) appearing for the Case

Mary E. Baloh, Greensburg, for appellant.

J.R. Rygiel, Uniontown, for appellees.

Before BROSKY, POPOVICH and MONTGOMERY, JJ.

POPOVICH, Judge:

This is an appeal from the order entered in the Court of Common Pleas of Fayette County granting the appellees' preliminary objections. On appeal, the appellant, Marion D. Kelly (Kelly Building Company) hereafter "Kelly", contends: (1) improved property remains subject to a mechanics' lien if the lease which purports to exempt the improved realty is patently fraudulent; and (2) the theory of estoppel...

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