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MILLERS CAP. INS. CO. v. GAMBONE BROS. DEV.

941 A.2d 706 (2007)

MILLERS CAPITAL INSURANCE COMPANY, Appellee v. GAMBONE BROTHERS DEVELOMENT CO., INC., Continental Realty Co., Whitpain Associates, L.P., Margery and Thomas Caputo Appeal of Gambone Brothers Development Co., Inc., and Whitpain Associates. Millers Capital Insurance Company, Appellee v. Gambone Brothers Development Company, Gambone Brothers Construction Company, Gambone Brothers Organization, Inc., Gambone Brothers Enterprises, Inc., Gambone Development Company, Gambone Construction, Continental Realty Company, Christopher and Amy Coloian, Scott and Laura Dillman, Mark Levy and Maureen Fitzgerald and George and Elizabeth Sees Appeal of Gambone Brothers Development Co., Inc., and Whitpain Associates.

Superior Court of Pennsylvania.

Filed December 28, 2007.

Reargument Denied March 5, 2008.

Attorney(s) appearing for the Case

Lee M. Epstein, Philadelphia, Frank R. Bartle, Lansdale, and Timothy P. Law, Philadelphia, for appellants.

Stuart D. Lurie, Philadelphia, for appellee.

Charles D. Mandracchia, Skippack, fro Continental, appellee.

Jacob C. Cohn, Philadelphia, for Millers, appellee.

BEFORE: BENDER, McCAFFERY and TAMILIA, JJ.

OPINION BY TAMILIA, J.:

¶ 1 Gambone Brothers Development Co., Inc. (Gambone) and Whitpain Associates1 appeal from the May 1, 2007, Orders of the trial court denying Gambone's cross-motion for partial summary judgment and, conversely, granting a motion for partial summary judgment and a cross-motion for partial summary judgment filed by appellee, Millers Capital Insurance Company (Millers...

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