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MUSSER v. VILSMEIER AUCTION CO., INC.

522 Pa. 367 (1989)

562 A.2d 279

John H. MUSSER, Appellant, v. VILSMEIER AUCTION CO., INC., Appellee, v. INTERNATIONAL HARVESTER COMPANY and Wenger's Farm Machinery, Inc.

Supreme Court of Pennsylvania.

Decided June 30, 1989.

Attorney(s) appearing for the Case

Lawrence G. Metzger, Lee Albert, Philadelphia, for appellant.

L. Carter Anderson, Patrick J. Stapleton, Philadelphia, for Vilsmeier Auction Co., Inc.

Edward A. Gray, for Intern. Harvester Co.

James D. Wilder, Philadelphia, for Wenger's Farm Machinery, Inc.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

OPINION

McDERMOTT, Justice.

This is an appeal from an order of the Superior Court affirming an order of the Court of Common Pleas of Philadelphia which granted appellee's motion for summary judgment in appellant's action in trespass. Musser v. Vilsmeier Auction Co., Inc., 378 Pa.Super. 657, 544 A.2d 1048 (1988) (memorandum opinion).

The facts and events which led to the appeal are not in dispute. In January, 1984, the officers of Wenger's...

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