Thursday, January 15, 2009

Superior Court - LUZ LUGO AND YESENIA MARCO ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED INDIVIDUALS v. FARMERS PRIDE, INC.

LUZ LUGO AND YESENIA MARCO ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED INDIVIDUALS v. FARMERS PRIDE, INC.
No. 582 EDA 2007 2009 PA Super 5 Atlantic: 967 A.2d 963 Petition for Reargument Denied 3/18/2009 Filed: 1/15/2009

Appeal from the Order Dated February 1, 2007,
in the Court of Common Pleas of Philadelphia County
Civil Division at No. July Term, 2006, No. 002187
Before: FORD ELLIOTT, P.J., PANELLA AND KELLY, JJ.
Opinion by: FORD ELLIOT, P.J.
In this appeal of a class action, appellants challenge the sustaining of preliminary objections to their complaint. Among those objections were two in the nature of a demurrer, which encompassed each of the four substantive counts of appellants’ complaint, and which effectively terminated the litigation and disposed of the entire case. The court also sustained an objection to venue in Philadelphia County. Upon review, we reverse and remand for further proceedings.
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