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LAPAGLIA, ETC., v. BOROUGH OF BALDWIN ET AL.

No. 738.

2 Pa. D. & C. 2d 736 (1955)

Lapaglia Contractors, Inc., v. Borough of Baldwin et al.

Common Pleas Court of Allegheny County, Pennsylvania.

April 20, 1955.

Attorney(s) appearing for the Case

Morris Zimmerman and Frank R. Sack, for plaintiff.

John G. Brosky, Harrison & Lorick, for defendants.

MONTGOMERY, J., April 20, 1955.

This matter came before the court for hearing on plaintiff's motion for a preliminary injunction to enjoin the Borough of Baldwin and certain of its officers from arresting plaintiff's agents and employes while excavating for surface coal on its leasehold in said borough. Defendants opposed the allowance of the injunction on the grounds that the arrests were justified since the operations were in violation of certain ordinances of the...

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