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B.N. EXCAVATING, INC. v. PBC HOLLOW-A, L.P.

No. 1704 EDA 2010

71 A.3d 274 (2013)

2013 PA Super 120

B.N. EXCAVATING, INC., Appellant v. PBC HOLLOW-A, L.P. and PBC Hollow-B, L.P., Appellees.

Superior Court of Pennsylvania.

Filed May 17, 2013.

Attorney(s) appearing for the Case

Ciara C. Young, Lancaster, for appellant.

Ryan D. Harmon, Philadelphia, for appellees.

BEFORE: STEVENS, P.J., BOWES, GANTMAN, PANELLA, SHOGAN, ALLEN, LAZARUS, MUNDY, and WECHT, JJ.

OPINION BY BOWES, J.:

B.N. Excavating, Inc. ("Appellant") appeals the trial court order wherein the court sustained the preliminary objections in the nature of a demurrer filed by PBC Hollow-A, L.P. and PBC Hollow-B, L.P. ("Appellees"), struck Appellant's complaint for a mechanics' lien, and dismissed the mechanics' lien claim with prejudice. After careful review, we reverse and remand.

The trial court succinctly summarized...

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