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RAY v. ARMSTRONG DEVELOPERS

445 Pa.Super. 211 (1995)

664 A.2d 1387

Lea May RAY and Chester Ray, Appellants, v. ARMSTRONG DEVELOPERS, t/d/b/a The Shops at Station Square.

Superior Court of Pennsylvania.

Filed September 27, 1995.

Attorney(s) appearing for the Case

Paul J. McArdle, Pittsburgh, for appellants.

Louis C. Long, Pittsburgh, for appellee.

Before CIRILLO, FORD ELLIOTT and HESTER, JJ.

FORD ELLIOTT, Judge.

Appellants come before us challenging an order entered below purporting to grant a nonsuit in favor of appellee. Said order was entered in response to appellee's motion for summary judgment. Regardless of whether we characterize the resolution below as non-suit or summary judgment, our review reveals error compelling us to vacate the order below and remand for trial.

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