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LANDAY v. RITE AID

No. 901 WDA 2011

40 A.3d 1280 (2012)

2012 PA Super 73

David M. LANDAY and Patberg Carmody & Ging, Appellants v. RITE AID, Appellee.

Superior Court of Pennsylvania.

Filed March 23, 2012.

Attorney(s) appearing for the Case

Paul A. Lagnese , Pittsburgh, for appellants.

Carl A. Solano , Philadelphia, for appellee.

BEFORE: FORD ELLIOTT, P.J.E., SHOGAN and COLVILLE, JJ.

OPINION BY SHOGAN, J.:

David M. Landay and the law firm of Patberg Carmody & Ging (collectively "Appellants") appeal from the order entered on May 5, 2011 in the Allegheny County Court of Common Pleas that granted the preliminary objections filed by the appellee, Rite Aid, and dismissed Appellants' complaint. For the reasons that follow, we reverse and remand for further proceedings.

On March 24, 2010, Appellants filed a class action complaint against...

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