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MONTE L. MCCLAIN AND DELORIS G. MCCLAIN v. WILLIAM J. MYERS (06/29/77)

decided: June 29, 1977.

MONTE L. MCCLAIN AND DELORIS G. MCCLAIN, HIS WIFE; RAY E. BARKLEY AND SANTA ANN BARKLEY, HIS WIFE; LARRY C. BARKLEY AND BARBARA ANN BARKLEY, HIS WIFE, APPELLANTS,
v.
WILLIAM J. MYERS



Appeal No. 2349 October Term, 1976, from the Order entered July 26, 1976, in the Court of Common Pleas of Huntingdon County, Civil Action, Law, at No. 6 April Term, 1975; SMORTO, J., specially presiding.

COUNSEL

John McD. Sharpe, Jr., Chambersburg, with him Sharpe & Sharpe, Chambersburg, for appellants.

Robert M. Strickler, with him Peter D. Solymos, York, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ.

Author: Per Curiam

The lower court's opinion in support of its order granting demurrers correctly concludes that the damages demanded by appellants are too speculative. However, the record does not support the lower court's conclusion that appellants have received full restitution. Therefore, the case is remanded for a determination of this factual issue. If, on remand, the lower court finds that appellants have not received full restitution, the lower court's order must be modified to achieve that result. If the lower court finds that appellants have received full restitution, including costs and interest, the order of the lower court is affirmed.

19770629

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