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OTTO MILK COMPANY v. ROSE

375 Pa. 18 (1953)

Otto Milk Company, Appellant, v. Rose.

Supreme Court of Pennsylvania.

October 5, 1953.

Attorney(s) appearing for the Case

Frank P. Barnhart and William S. Livengood, Jr., with them Livengood & Nissley, for appellant.

Morton Meyers, Special Counsel, with him Elvin Teitelbaum, City Solicitor, and Yost & Meyers, for appellees.

Before STERN, C.J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, October 5, 1953:

This is an action of mandamus to compel the City of Johnstown by its officers and agents to issue to plaintiff, Otto Milk Company, a permit to sell milk within the city. The case was tried by agreement before the court without a jury as a result of which the court below entered judgment for defendants. From that judgment plaintiff appeals.

Plaintiff's complaint averred that it is a Pennsylvania corporation...

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