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CASTLE VIEW BUR. PARK, INC. v. BELL TEL. CO.

367 Pa. 289 (1951)

Castle View Burial Park, Inc., Appellant, v. Bell Telephone Company of Pennsylvania.

Supreme Court of Pennsylvania.

May 21, 1951.

Attorney(s) appearing for the Case

Abraham Wernick, with him Robert McKinney White, for appellant.

Benjamin O. Frick, with him Sidney W. Frick, for appellees.

Before STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE CHIDSEY, May 21, 1951:

Castle View Burial Park, Inc., appellant filed its complaint in the nature of quo warranto against The Bell Telephone Company of Pennsylvania to determine by what authority the latter claims "to have, use and enjoy the rights, privileges and franchises which it claims, to-wit: The right of eminent domain to take lands of the plaintiff for its use or to do the acts, matters and things hereinabove complained of, or...

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