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TRAVAGLIA v. C.H. SCHWERTNER & SON

391 Pa.Super. 61 (1989)

570 A.2d 513

Michael TRAVAGLIA and Ilene Travaglia, Appellants, v. C.H. SCHWERTNER & SON, INC., United Engineers & Constructors, Inc. and Providence Steel Company. (Two Cases) Michael TRAVAGLIA and Ilene Travaglia, v. C.H. SCHWERTNER & SON, INC., United Engineers & Constructors, Inc. and Providence Steel Company. Appeal of C.H. SCHWERTNER & SON, INC., United Engineers & Constructors, Inc.

Supreme Court of Pennsylvania.

Filed December 29, 1989.

Reargument Denied March 8, 1990.

Attorney(s) appearing for the Case

Joseph I. Fineman, Philadelphia, for Travaglia, appellants (at 2714 and 2715) and appellees (at 2826).

Frank C. Bender, Philadelphia, for Schwertner and United Engineers, appellants (at 2826) and appellees (at 2714 and 2715).

Andrew L. Braunfeld, Norristown, for Providence Steel, appellee (at 2714, 2715 and 2826).

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

HESTER, Judge:

Appellants, Michael and Ilene Travaglia, appeal from the September 1, 1989 order entered by the Court of Common Pleas of Philadelphia County granting summary judgment in favor of United Engineers & Constructors, Inc. We reverse and remand for trial.

The record reveals the following. In November, 1972, Philadelphia Electric Company (PECO) entered into an agreement with United Engineers & Constructors (United) whereby United would furnish...

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