FIZZANO BROS. CONCRETE PRODUCTS, INC. v. XLN, INC.

No. 1896 EDA 2007.

973 A.2d 1016 (2009)

FIZZANO BROTHERS CONCRETE PRODUCTS, INC. v. XLN, INC., Successor In Interest to System Development Group, Inc. v. Shore Consultants, Ltd., Gregg A. Montgomery, David Binder and XLNT Software Solutions, Inc. Appeal of XLNT Software Solutions, Inc.

Superior Court of Pennsylvania.

Filed May 15, 2009.


Attorney(s) appearing for the Case

John H. May, Lancaster, for appellant.

Paul A. Bucco, Conshohocken, for appellee.

BEFORE: BENDER, DONOHUE and FREEDBERG, JJ.


OPINION BY DONOHUE, J.:

¶ 1 XLNT Software Solutions, Inc. ("XLNT") appeals from the trial court's entry of judgment in favor of Appellee Fizzano Brothers Concrete Products, Inc. ("Fizzano"). The trial court applied the de facto merger doctrine to impose successor liability on XLNT for the debts of a company whose assets XLNT purchased. In so ruling, the trial court excepted this asset sale from the general rule...

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