FIZZANO BROTHERS CONCRETE PRODUCTS, INC. v. XLN, INC

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?