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ELWYN v. DeLUCA

No. 1519 EDA 2011

48 A.3d 457 (2012)

2012 PA Super 136

ELWYN, Appellee v. James J. DeLUCA, Appellant.

Superior Court of Pennsylvania.

Filed July 2, 2012.

Attorney(s) appearing for the Case

Frederick J. Gerngross , Philadelphia, for appellant.

Robert A. Graci , Harrisburg, for appellee.

BEFORE: ALLEN, OLSON and FITZGERALD, JJ.

OPINION BY FITZGERALD, J.:

Appellant, James J. DeLuca, appeals from the order entered in the Delaware County Court of Common Pleas overruling his preliminary objection to the complaint of Appellee, Elwyn. We are presented with the question: When an organization executes a contract with a second organization that is owned or led by one of its board members, and the first organization subsequently brings a breach of fiduciary duty suit against the board member relating...

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