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BERWICK v. QUANDEL GROUP INC.

440 Pa.Super. 367 (1995)

655 A.2d 606

The BOROUGH OF BERWICK, Appellant, v. The QUANDEL GROUP INC., Technocon, Innova-Tech, Inc., Buchart-Horn, Inc., and Philadelphia Mixers Corporation, Appellees, The BOROUGH OF BERWICK, Appellant, v. The QUANDEL GROUP INC., Technocon, Innova-Tech, Inc., Buchart-Horn, Inc., and Philadelphia Mixers Corporation, Appellees, The BOROUGH OF BERWICK, Appellant, v. The QUANDEL GROUP INC., Technocon, Innova-Tech, Inc., Buchart-Horn, Inc., and Philadelphia Mixers Corporation, Appellees.

Superior Court of Pennsylvania.

Decided March 10, 1995.

Petition for Allowance of Appeal Granted August 22, 1995.

Attorney(s) appearing for the Case

Lawrence H. Fisher, Berwick, for appellant.

Frank L. Tamulonis, Jr., Pottsville, for Quandel Group & Technocon, appellees.

John J. Sylvanus, York, for Buchart-Horn, appellee.

Kevan F. Hirsch, Philadelphia, for Philadelphia Mixers Corp., appellee.

Before WIEAND, OLSZEWSKI and HOFFMAN, JJ.

OLSZEWSKI, Judge:

In 1985, the Borough of Berwick decided to upgrade and refurbish its sewage treatment plant. The borough did this through the Municipal Authority of the Borough of Berwick (the Authority). The Authority owned the plant, and leased it to the Borough of Berwick. The Authority entered into construction contracts with the defendants. The borough was not a party to any of the Authority's contracts with defendants; it was a guarantor on one of the contracts...

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