COUY v. NARDEI ENTERPRISES


402 Pa.Super. 468 (1991)

587 A.2d 345

John COUY, John L. Spiegel, Jack W. Plowman, Joseph F. Mulach, Pete A. Teodori, Walter F. Chebatoris, Angelo Noce, John Kosky and Edward Rawlings, v. NARDEI ENTERPRISES and John Nardei, Appellant.

Superior Court of Pennsylvania.

Filed March 13, 1991.


Attorney(s) appearing for the Case

Sanford S. Finder, Washington, for appellant.

Maurice A. Nernberg, Jr., Pittsburgh, for appellees.

Before ROWLEY, President Judge, and DEL SOLE and MONTGOMERY, JJ.


DEL SOLE, Judge:

In this case we are asked to determine if counsel fees should be awarded to Appellees, plaintiffs in the trial court, under the common fund doctrine, codified in subdivision 8 of 42 Pa.C.S. § 2503. We affirm the trial court and hold that Appellees are entitled to counsel fees from the common fund created as a result of common law arbitration.

The underlying dispute in this case concerns Appellees, who are limited partners, and Appellant...

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