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WAGNER v. APOLLO GAS CO.

399 Pa.Super. 323 (1990)

582 A.2d 364

Homer M. WAGNER and Robert N. Wagner, t/d/b/a Wagner & Wagner, Appellants, v. APOLLO GAS COMPANY.

Supreme Court of Pennsylvania.

Filed November 9, 1990.

Attorney(s) appearing for the Case

Blair F. Green, Kittanning, for appellants.

Joseph L. Robinson, Pittsburgh, for appellee.

Before TAMILIA, KELLY and CERCONE, JJ.

CERCONE, Judge:

This is an appeal from an order granting appellee's motion for summary judgement. We reverse and remand for proceedings consistent with this opinion.

The pertinent facts, as outlined by the lower court, are as follows.

[Appellants] and [appellee] entered into a natural gas purchase [contract] (via their predecessors in interest) on December 8, 1970 (hereinafter referred to as ...

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