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LUTZKO ET AL. v. MIKRIS, INC. ET AL.

No. 67 T.D. 1978.

48 Pa.Commw. 75 (1979)

John H. Lutzko et al., Plaintiffs v. Mikris, Inc. et al., Defendants.

Commonwealth Court of Pennsylvania.

December 18, 1979.

Attorney(s) appearing for the Case

Lee D. Mescolotto and James J. Kutz, Assistant Attorney General, with them, Robert W. Cunliffe, Deputy Attorney General, Edward G. Biester, Jr., Attorney General, for defendants.

Argued March 21, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, DiSALLE, CRAIG and MacPHAIL. Judge BLATT did not participate.

OPINION BY JUDGE MacPHAIL, December 18, 1979:

On or about December 9, 1977, ten individual plaintiffs (plaintiffs) filed an action in trespass and assumpsit against Mikris, Inc., Mann Homes, Inc., and Robert J. Gatti (defendants).1 The complaint in trespass alleged that defendants' negligent construction of a group of homes in a Lower Macungie Township subdivision where plaintiffs lived altered the

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