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NASSER v. EMPIRE SANITARY LANDFILL, INC.

433 Pa.Super. 391 (1994)

640 A.2d 1315

William K. NASSER and Catherine Nasser, His Wife, Appellees, v. EMPIRE SANITARY LANDFILL, INC. its Successors, Grantees, Devisees and Assigns, and any and all Persons Claiming by Through or From the Aforesaid Entity, Appellant.

Superior Court of Pennsylvania.

Filed March 31, 1994.

Reargument Denied June 3, 1994.

Attorney(s) appearing for the Case

Charles W. Bowser, Philadelphia, for appellant.

Gene E. Goldenziel, Scranton, for appellees.

Before KELLY, POPOVICH and HESTER, JJ.

POPOVICH, Judge:

This case involves an appeal from the order of the Court of Common Pleas of Lackawanna County denying a motion to dismiss by the defendant/appellant, Empire Sanitary Landfill. We affirm in part and quash in part.

The facts of record evidence that the plaintiffs, William K. and Catherine Nasser, his wife, filed a complaint to quiet title, as well as a petition for a temporary restraining order and preliminary injunction, against the defendant...

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