FIZZANO BROTHERS CONCRETE PRODUCTS, INC. v. XLN, INC., Successor in Interest to System Development Group, Inc. v. Shore Consultants, Ltd., Gregg A. Montgomery, David Binder and XLNT Software Solutions, Inc. Petition of Fizzano Brothers Concrete Products, Inc.

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 defacto 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?