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SPANG & COMPANY v. UNITED STATES STEEL CORPORATION (10/07/86)

filed: October 7, 1986.

SPANG & COMPANY
v.
UNITED STATES STEEL CORPORATION, APPELLANT



Appeal from the Order of the Court of Common Pleas, Civil Division, of Butler County at NO. 82-515, Book 122, page 193.

COUNSEL

Debra McCloskey Barnhart, Pittsburgh, for appellant.

Kevin P. Lucas, Pittsburgh, for appellee.

Brosky, Olszewski and Popovich, JJ.

Author: Popovich

[ 358 Pa. Super. Page 544]

This is an appeal from the April 16, 1985, order of the Court of Common Pleas of Butler County granting a new trial. We reverse.

Appellee, Spang & Company, brought suit against appellant, United States Steel Corporation, to recover an amount owed under contract for the processing of slag. After a non-jury trial, a verdict was entered in favor of appellant. Post-trial motions were filed, resulting in the April 16, 1985, order which stated, inter alia, "[t]he motion of Spang and Company is granted limited to a re-trial on the issue of damages as explained in the accompanying opinion." Although appellant filed an appeal in this court, the trial court later entered an order stating the April 16, 1985, order was

[ 358 Pa. Super. Page 545]

    not a final, appealable order. Pursuant to a motion to quash, this Court requested a clarification and later held the April 16, 1985, order granted a new trial and was, therefore, appealable. Pa.R.A.P. 311(a)(5).

Appellant contends the trial judge abused his discretion and committed an error of law in granting a new trial. In reaching our decision, it is critical to our determination to note that an eight day non-jury trial was held, and, after its conclusion, the trial judge filed 14 pages of findings of fact and conclusions of law before entering a verdict in favor of appellant. Among the findings of fact were the following:

50. Spang provided USS exclusive, continuous and uninterrupted slag processing service from September 1, 1961 through February 28, 1982.

51. During the entire period of service USS was only obligated to pay Spang for the specification and non-specification slag sold by USS.

52. Upon termination of the slag processing service provide [sic] Spang, the parties had agreed that Spang would be entitled to payment for all processed slag products and reclaimed scrap prepared and ready for delivery to USS.

53. USS owes Spang $2.219 per ton less the cost of loading and weighing for all processed slag in the stockpile at the Lorain Works upon the termination ...


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