Chevalier, T. v. General Nutrition Centers (concurring and dissenting statement)
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J-A24014-17 2017 PA Super 407 TAWNY L. CHEVALIER AND ANDREW HILLER, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED v. GENERAL NUTRITION CENTERS, INC. AND GENERAL NUTRITION CORPORATION, Appellants : : : : : : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 1437 WDA 2016 Appeal from the Judgment Entered September 6, 2016 in the Court of Common Pleas of Allegheny County, Civil Division at No(s): G.D. 13-017194 TAWNY L. CHEVALIER AND ANDREW HILLER, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED v. GENERAL NUTRITION CENTERS, INC., AND GENERAL NUTRITION CORPORATION, Appellants : : : : : : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 92 WDA 2017 Appeal from the Order Entered December 29, 2016 in the Court of Common Pleas of Allegheny County, Civil Division at No(s): G.D. 13-017194 BEFORE: MOULTON, J., SOLANO, J., and MUSMANNO, J. CONCURRING AND DISSENTING STATEMENT BY MUSMANNO, J.: FILED DECEMBER 22, 2017 J-A24014-17 I respectfully disagree, and would affirm the judgment of the trial court, in its entirety, for the reasons stated in its Opinion. Further, I would affirm the trial court’s Order with respect to the award of counsel fees and costs. -2-
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