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GRAZIANO CONST. CO., INC. v. LEE

487 Pa. 241 (1979)

409 A.2d 330

GRAZIANO CONSTRUCTION COMPANY, INC., a Pennsylvania Corporation, Appellant, v. Laurence F. LEE, Jr., Bert A. Betts, Roy B. Davis, Jr., N. Clement Slade, Jr., Robert M. Green, Luther H. Hodges, James B. McIntosh, Arthur W. Milam, Jack H. Quaritius, Frederick H. Schroeder and John W. York, not as Individuals but as trustees of Fidelity Mortgage Investors, a Massachusetts business trust; and DLPST Corporation, a Pennsylvania Corporation, Appellees.

Supreme Court of Pennsylvania.

Decided December 21, 1979.

Attorney(s) appearing for the Case

John C. Artz, Robert W. Doty, Eckert, Seamans, Cherin & Mellott, Pittsburgh, for appellant.

Richard B. Tucker, III, Donald L. Very, Tucker, Arensberg, Very & Ferguson, Pittsburgh, for Laurence F. Lee, Jr., et al., not individually but as trustees for Fidelity Mortgage Investors.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, MANDERINO, LARSEN and FLAHERTY, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

Appellant, Graziano Construction Co., Inc. obtained a writ of foreign attachment on May 23, 1974 which directed the seizure of certain property owned by appellee, Fidelity Mortgage Investors (hereinafter "FMI"). The attachment of FMI'S property was subsequently released upon the posting of a bond by FMI with the Court. On August 29, 1978, Judge Papadakos of the Court of Common Pleas of Allegheny County ordered the...

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