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WENDT & SONS EX REL. WENDT v. NEW HEDSTROM CORP.

858 A.2d 631 (2004)

WENDT & SONS, by Jere A. Wendt, Managing Partner, Appellant, v. NEW HEDSTROM CORP., A Delaware Corporation, Appellee.

Superior Court of Pennsylvania.

Filed September 10, 2004.

Attorney(s) appearing for the Case

Bradley D. Allison, Bedford, for appellant.

Stacey A. Scrivani, Reading, for appellee.

Before: HUDOCK, GANTMAN and POPOVICH, JJ.

POPOVICH, J.

¶ 1 Appellant Wendt & Sons, by Jere A. Wendt, managing partner, appeals the order of the Court of Common Pleas of Bedford County entered on July 30, 2003, granting the preliminary objections in the nature of a demurrer filed by Appellee New Hedstrom Corp. We reverse.

In determining whether the trial court properly sustained preliminary objections, the appellate court must examine the averments in the complaint, together with the documents...

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