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ENGLE v. WEST PENN POWER CO.

409 Pa.Super. 462 (1991)

598 A.2d 290

John H. ENGLE, William R. Engle, William C. Engle, t/d/b/a Engle's Holiday Harbor, a Partnership, and as Representative of a Class, Appellants, v. WEST PENN POWER COMPANY, a Corporation. John H. ENGLE, William R. Engle, William C. Engle, t/d/b/a Engle's Holiday Harbor, A Partnership, and as Representative of a Class v. WEST PENN POWER COMPANY, a Corporation, Appellant.

Superior Court of Pennsylvania.

Filed September 9, 1991.

Reargument Denied November 4, 1991.

Attorney(s) appearing for the Case

Brian W. Ashbaugh, Pittsburgh, for appellant (at 1558) and appellee (at 1449).

C. James Zeszutek, Pittsburgh, for appellant (at 1449) and appellee (at 1558).

Before ROWLEY, President Judge, and CAVANAUGH and HESTER, JJ.

ROWLEY, President Judge:

This action has its origin in the "Election Day Flood" of November 3-6, 1985. Appellants John H. Engle, William R. Engle, and William C. Engle, t/d/b/a Engle's Holiday Harbor, a partnership, brought the action against West Penn Power Company ("West Penn"), owner and operator of the Lake Lynn Dam on the Cheat River in West Virginia, in an attempt to recover for property damage incurred...

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