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METCO, INC. v. MOSS CREEK, INC.

385 Pa.Super. 542 (1989)

561 A.2d 808

METCO, INC., a Pennsylvania Corporation, Appellant, v. MOSS CREEK, INC., a Pennsylvania Corporation, Appellee.

Supreme Court of Pennsylvania.

Filed July 19, 1989.

Attorney(s) appearing for the Case

George P. Wolfe, Johnstown, for appellant.

R. Dell Ziegler, Pittsburgh, for Moss Creek, appellee.

Kevin L. Sanders, Johnstown, for Randy Swickle, appellee.

Before OLSZEWSKI, MONTEMURO and KELLY, JJ.

MONTEMURO, Judge:

In this opinion, we will address two unconsolidated appeals filed by the same party, Metco, Inc., a Pennsylvania corporation. The appellees are Moss Creek, Inc., a Pennsylvania corporation (No. 01799 Pittsburgh 1988) and Randy Swickle (No. 1805 Pittsburgh 1988). The underlying facts and issues involved in these two appeals are the same.

Our review of the record reveals that in May of 1987, Metco, the appellant, entered into a contract with...

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