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MILLER ELEC. CO. v. DEWEESE

907 A.2d 1051 (2006)

MILLER ELECTRIC COMPANY v. Tate DeWEESE and Just-Mark, Inc. v. Birmingham Bistro, Inc. Appeal of Birmingham Bistro, Inc.

Supreme Court of Pennsylvania.

Decided October 17, 2006.

Attorney(s) appearing for the Case

Rudolph L. Massa, for Birmingham Bistro, Inc., appellant.

Brian Charles Kuhn, for Miller Elec. Co., appellee.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice EAKIN.

Appellant Birmingham Bistro, Inc. appeals from the order of the Superior Court quashing its appeal as untimely. We reverse.

Just-Mark, Inc., the general contractor at a construction site owned by Tate DeWeese, hired appellee Miller Electric Company as a subcontractor to perform the electrical work. Miller received partial payment...

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