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PERRIGE v. HORNING

440 Pa.Super. 31 (1995)

654 A.2d 1183

Ann E. PERRIGE and Thomas M. Goutman, Appellants, v. Elton HORNING, Mark Herr, Elton Horning Farm Agency, Titus Kurtz and Esther Kurtz.

Superior Court of Pennsylvania.

Decided February 15, 1995.

Attorney(s) appearing for the Case

David E. Sandel, Jr., Philadelphia, for appellants.

Bryon M. Yatron, Reading, for appellees.

Before BECK, HUDOCK and BROSKY, JJ.

BECK, Judge.

Plaintiffs-appellants Anne E. Perrige and Thomas M. Goutman appeal from an order sustaining the preliminary objections of defendants-appellees Elton Horning, Mark Herr, Elton Horning Farm Agency, Titus Kurtz and Esther Kurtz, and dismissing appellants' Second Amended Complaint in Equity.1 We reverse and remand.

In reviewing a dismissal based on preliminary objections in the nature of a demurrer, we must accept all...

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