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MESTA MACHINE COMPANY v. BOROUGH WEST HOMESTEAD (09/23/83)

decided: September 23, 1983.

MESTA MACHINE COMPANY, APPELLANT,
v.
BOROUGH OF WEST HOMESTEAD



Appeal from the Order of the Commonwealth Court at No. 272 C.D. 1982, entered September 8, 1982, reversing the Order of the Court of Common Pleas of Allegheny County, Civil Division, at No. G.D. 81-10468, dated October 15, 1981; Michael J. O'Malley, President Judge.

COUNSEL

Richard T. Wentley, E.W. Seifert, Anthony J. Basinski, Reed, Smith, Shaw & McClay, Pittsburgh, for appellant.

John J. Klein, Pittsburgh, for appellee.

Judd N. Poffinberger, John R. Dingess, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, for amicus curiae, Carlton House and Federated Dept. Stores, Inc.

Roberts, C.j., and Nix, Larsen, Flaherty, McDermott, Hutchinson and Zappala, JJ.

Author: Per Curiam

[ 502 Pa. Page 164]

ORDER

Order of the Commonwealth Court, 68 Pa. Commw. 595, 449 A.2d 876, Affirmed. See In Re: Appeal of Chartiers Valley School District, 501 Pa. 620, 462 A.2d 673 (1983).

19830923

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