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GUSTINE UNIONTOWN ASSOCIATES v. ANTHONY CRANE RENTAL, INC.

892 A.2d 830 (2006)

GUSTINE UNIONTOWN ASSOCIATES, LTD., a Pennsylvania Limited Partnership, By and Through GUSTINE UNIONTOWN, INC., General Partner, Appellants v. ANTHONY CRANE RENTAL, INC., Anthony Crane Rental, L.P., Architectural Services Group, Inc., Construction Engineering, Consultants, Inc., GeoMechanics, Inc., Jabille Development Corporation, Mascaro Incorporated, McMillen Engineering, Inc., P.C. Yezbak & Son, Inc., Penn Transportation Services, Inc., Ruprecht, Schroeder & Hoffman Architects, S & R Restaurants, Inc., and Wendy's of Greater Pittsburgh, Inc., Appellees v. Gustine Uniontown, Inc., the Gustine Company, Inc., BSW Architects and Thor Concrete Construction, Inc., Appellees.

Superior Court of Pennsylvania.

Filed January 24, 2006.

Attorney(s) appearing for the Case

Edward B. Gentilcore, Pittsburgh, for appellants.

Beth A. Lloyd, Pittsburgh, for GeoMechanics, appellee.

Robert J. Blumling, Pittsburgh, for Mascaro, appellee.

Dolores Innamorato, Pittsburgh, for Anthony Crane, appellee.

Robert J. Ray, Pittsburgh, for Architectural Services, appellee.

Robert Burnette, Pittsburgh, for Construction Engineering, appellee.

Michael J. McShea, Wexford, for Ruprecht, appellee.

Before: JOYCE, BENDER and BOWES, JJ.

BOWES, J.:

¶ 1 Gustine Uniontown Associates, Ltd., a Pennsylvania Limited Partnership, by and through Gustine Uniontown, Inc., general partner, ("Gustine") questions the propriety of the dismissal of Architectural Services Group, Inc. ("ASG") from this breach of contract and tort action. We affirm.

¶ 2 In 1992, Gustine acquired thirty-five acres in South Union Township, Fayette County, in order to construct Cherrytree Square Mall (the "mall"), a...

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