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KENNEDY v. BLACK

492 Pa. 397 (1981)

424 A.2d 1250

Albert A. KENNEDY, Sr. and Ann G. Kennedy, trading and doing business as Bennington Company, Appellants, v. Frank L. BLACK, Jr., Inc., United States Fidelity and Guaranty Co., and Carroll Township Authority.

Supreme Court of Pennsylvania.

Decided January 30, 1981.

Attorney(s) appearing for the Case

Gary N. Altman, Hirsch, Weise & Tillman, Herbert Grigsby, Pittsburgh, for appellants.

Richard B. Tucker, III, Jeffrey J. Leech, Tucker, Arensberg, Very & Ferguson, Pittsburgh, for appellees.

David Fawcett, Pittsburgh, for amicus.

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

OPINION OF THE COURT

O'BRIEN, Chief Justice.

This appeal is from an order of the Superior Court, affirming an order of the Court of Common Pleas of Washington county, which granted a petition by appellees, Frank L. Black, Jr., Inc. and United States Fidelity and Guaranty Company, to open a default judgment entered by appellants, Albert A. Kennedy, Sr. and Ann G. Kennedy, trading and doing business as Bennington Company.

Black was the general contractor...

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