Superior Court of Pennsylvania September 9, 1991, 1449 and 1558 (Engle v. West Penn Power Co.)

ROWLEY, President Judge:

This action has its origin in the “Election Day Flood” of November 3-6,1985. Appellants John H. Engle, William R. Engle, and William C. Engle, t/d/b/a Engle’s Holiday Har

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bor, a partnership, brought the action against West Penn Power Company (“West Penn”), owner and operator of the Lake Lynn Dam on the Cheat River in West Virginia, in an attempt to recover for