Citation Codes Equivalent Citations citation codes Docket Number No. 390 MAL 2009. See more information ... Smart Summary Please sign up to generate summary. FIZZANO BROTHERS CONCRETE PRODUCTS, INC. v. XLN, INC., Successor in Interest to System De ORDER PER CURIAM. AND NOW, this 19th day of MAY, 2010, the Petition for Allowance of Appeal is GRANTED limited to the following issues: 1. Does the de facto merger doctrine always require proof of continuity of ownership? 2. Did the Superior Court improperly substitute its own fact-finding for that of the trial court?