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MENGER v. LYON

372 Pa. 326 (1953)

Menger, Appellant, v. Lyon.

Supreme Court of Pennsylvania.

January 5, 1953.

Attorney(s) appearing for the Case

Mark T. Milnor, for appellants.

Stanley G. Stroup, with him Joseph Nissley and Livengood and Nissley, for intervening appellees.

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

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

Plaintiffs sought in the court below a mandamus to compel the public officials of the City of Harrisburg to revoke the building permit previously issued to the intervenors for the erection of a motel (tourist court) which was the subject of litigation in the case of Harrisburg v. Pass, 372 Pa. 318, 93 A.2d 447.

Under the decision in that case the present intervenors...

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