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H.P. STARR & SONS, INC. v. STEPP et al.

206 Pa.Super. 15 (1965)

H.P. Starr & Sons, Inc. v. Stepp et al., Appellants.

Superior Court of Pennsylvania.

June 17, 1965.

Attorney(s) appearing for the Case

Donald Laird Hankey, with him John L. Wilson, for appellants.

John Murrin, with him Murrin and Murrin, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, and HOFFMAN, JJ. (FLOOD, J., absent).

OPINION PER CURIAM, June 17, 1965:

This appeal from the dismissal of preliminary objections to a mechanic's lien must be quashed. Such preliminary objections under Section 505 of the Mechanics' Lien Law of 1963, approved August 24, 1963, P.L. 1175, 49 P.S. § 1505, are similar to motions to strike, the procedure followed under the Act of June 4, 1901, P.L. 431, 49 P.S. § 1 et seq. The refusal of such motions has been held to be interlocutory and unappealable...

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