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NAPET v. JOHN BENKART & SONS CO. (06/19/81)

filed: June 19, 1981.

NAPET, INC., A CORPORATION
v.
JOHN BENKART & SONS CO., A CORPORATION; EARL J. BENKART, JOHN W. BENKART AND RAYMOND E. BENKART, APPELLANTS



No. 659 April Term, 1979, Appeal from Order in the Court of Common Pleas, Civil Division, Equity, of Allegheny County, No. GD 79-1887.

COUNSEL

Debra Patti, Pittsburgh, for appellants.

George Shorall, Pittsburgh, for appellee.

Hester, Brosky and Van der Voort, JJ.

Author: Per Curiam

[ 288 Pa. Super. Page 188]

Presently before the court is appellants' appeal from the order of the lower court dated July 3, 1979, dismissing appellants' preliminary objections and amended preliminary objections.

We quash the appeal sua sponte.

The facts may be briefly summarized as follows: Appellee brought suit in equity against appellants' corporation and the individual shareholders and officers, seeking, inter alia, injunctive relief restraining appellants from selling or otherwise disposing of its assets allegedly in violation of a written agreement between appellee and the corporate appellant. Appellee contends that the written agreement grants it the right of first refusal to purchase the assets of the corporate defendant. Appellee contends that the appellants have violated

[ 288 Pa. Super. Page 189]

    this agreement by entering into an agreement to sell to a third party without affording the appellee the right of first refusal.

A preliminary hearing for the injunctive relief requested was scheduled for February 7, 1979, however, no preliminary or final injunction has ever issued.

In response to appellee's complaint in equity, the corporate appellant filed preliminary objections and subsequent thereto, appellant filed two additional sets of preliminary objections.

On February 27, 1979, appellant filed a petition for rule to show cause why all proceedings should not be stayed until the controversy could be resolved by arbitration pursuant to a provision contained in the written agreement between the corporate litigants. This is the same agreement which allegedly contains the right of first refusal. The requested rule issued on that ...


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