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MICKLEGE et ux. v. CAPOZZI

455 Pa. 551 (1974)

Micklege et ux., Appellants, v. Capozzi.

Supreme Court of Pennsylvania.

March 25, 1974.

Attorney(s) appearing for the Case

Milton D. Rosenberg, with him W. Bryan Pizzi, II, and Bloom, Bloom, Rosenberg & Bloom, for appellants.

Robert L. Ceisler, with him Patrono, Ceisler, Edwards & Pettit, for appellees.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION PER CURIAM, March 25, 1974:

The decree of the Court of Common Pleas of Washington County, sustaining the preliminary objections of defendants Capozzi and 256, Inc., appellees, neither dismissed the complaint nor granted the plaintiffs leave to amend it.* Accordingly, it is not a final decree from which an appeal can be taken. Cherry v. Empire Mutual Insurance Co., 417 Pa. 7, 10, 208 A.2d 470...

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