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McMILLEN v. 84 LUMBER, INC.

538 Pa. 567 (1994)

649 A.2d 932

William A. McMILLEN and Helen McMillen, his wife v. 84 LUMBER, INC. and the Enterprise Companies, Inc. Appeal of the ENTERPRISE COMPANIES, INC.

Supreme Court of Pennsylvania.

Decided November 18, 1994.

Attorney(s) appearing for the Case

James M. Burton, John K. Bryan, James M. Burton & Associates, Pittsburgh, for appellant.

Kelly M. Tocci, Duplaga, Tocci, McMillen, Urick & Fouse, Aliquippa, for appellees.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION OF THE COURT

PAPADAKOS, Justice.

The issue presented by this appeal concerns the scope of the exception to the rule that issues not timely raised before the trial court are waived. Because we think that the exception is, and must be, considerably more narrow than construed by the Superior Court, we reverse that court's grant of a new trial in the instant case.

Appellees, the McMillens, commenced...

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