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CHRISTO v. TUSCANY, INC.

368 Pa.Super. 9 (1987)

533 A.2d 461

Thomas S. CHRISTO and Blanche Greenberger, Appellees, v. TUSCANY, INC., a corporation, Brittany, Inc., a corporation, Phoebe M. Rennekamp, William A. Rennekamp, Antoinette B. Tchirkow, and Antoinette B. Tchirkow, Executrix of the Estate of Edgar G. Tchirkow, Deceased. Appeal of Antoinette B. TCHIRKOW, Antoinette B. Tchirkow, Executrix of the Estate of Edgar G. Tchirkow, Deceased, Tuscany, Inc., a corporation and Brittany, Inc., a corporation.

Supreme Court of Pennsylvania.

Filed November 2, 1987.

Attorney(s) appearing for the Case

Maurice A. Nernberg, Pittsburgh, for appellants.

Douglas E. Cameron, Pittsburgh, for Greenberger, Tuscany and Brittany, appellees.

Before WIEAND, KELLY and POPOVICH, JJ.

KELLY, Judge:

Appellants appeal from dismissal of their counterclaim and entry of summary judgment in favor of appellees. Appellants argue that their recovery of damages for an improvidently issued injunction should not be limited by the amount of the bond. We agree. They further argue their damages recoverable should reflect lost interest income. We remand for fact-finding on this issue.

This appeal represents the first opportunity for this Court to rule...

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