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PHILA. TRANS. CO. v. PHILA. SUB. TRANS. CO.

382 Pa. 365 (1955)

Philadelphia Transportation Company v. Philadelphia Suburban Transportation Company (et al., Appellant).

Supreme Court of Pennsylvania.

June 27, 1955.

Attorney(s) appearing for the Case

Francis Hopkinson, with him W. Belskin Ginsburg, for appellant.

M. Carton Dittmann, Jr., with him Peter Platten, Hamilton C. Connor, Jr., and Ballard, Spahr, Andrews & Ingersoll, for appellee.

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

OPINION BY MR. JUSTICE ALLEN M. STEARNE, June 27, 1955:

The appeal is from a decree in equity enjoining a tenant in a transportation terminal from conducting a store for the retail sale of women's hosiery. The court found that the conduct of such business constituted "undue competition" with a retail women's hosiery merchant in an adjoining transportation terminal in violation of a provision in a written agreement.

The salient facts are largely undisputed...

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