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JORDAN, INC. v. FOX, ROTHSCHILD, O'BRIEN & FRANKEL

Nos. 92-1435, 92-1424 and 92-1456.

20 F.3d 1250 (1994)

Joe J. JORDAN; James E. Mitchell; Jordan Mitchell, Inc., Appellants, v. FOX, ROTHSCHILD, O'BRIEN & FRANKEL, Appellee. Joe J. JORDAN; James E. Mitchell; Jordan Mitchell, Inc., on their own behalf and on behalf of all others similarly situated v. Arnold T. BERMAN; Myron J. Berman; John J. Petit, Jr., Prothonotary of the Court of Common Pleas of Philadelphia County, Joe J. Jordan; James E. Mitchell; Jordan Mitchell, Inc., Appellants at No. 92-1424, Arnold T. Berman and Myron J. Berman, Appellants at No. 92-1456.

United States Court of Appeals, Third Circuit.

Decided March 31, 1994.

As Amended April 18, 1994.

Attorney(s) appearing for the Case

Sharon K. Wallis, (argued), Philadelphia, PA, for Joe J. Jordan, James E. Mitchell and Jordan Mitchell, Inc.

Steven R. Waxman, (argued), Leslie M. Gerstein, Barry G. Obod, Fox, Rothschild, O'Brien & Frankel, Philadelphia, PA, for Fox, Rothschild, O'Brien & Frankel.

Jacob C. Cohn and Jerome J. Shestack, (argued), Wolf, Block, Schorr & Solis-Cohen, Philadelphia, PA, for Arnold T. Berman and Myron J. Berman.

Before HUTCHINSON and SCIRICA, Circuit Judges, and STANDISH, District Judge.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

I. Introduction

These three appeals all arise out of a dispute over a commercial lease ("Lease") between Arnold T. and Myron J. Berman t/a H.P. Realty ("Bermans" or "Landlord"), commercial landlords who rent office space in Philadelphia, and one of their tenants, Jordan Mitchell, Inc. (sometimes the "Tenant"), an architectural firm. In the course of that dispute, the Bermans' attorneys invoked...

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