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GARDNER v. ALLEGHENY COUNTY

393 Pa. 120 (1958)

Gardner v. Allegheny County, Appellant.

Supreme Court of Pennsylvania.

June 3, 1958.

Attorney(s) appearing for the Case

Maurice Louik, First Assistant County Solicitor, with him Philip Baskin, Assistant County Solicitor, and Nathaniel K. Beck, County Solicitor, for County of Allegheny, appellant.

William A. Blair, with him David B. Fawcett, for plaintiffs, appellees.

J. Garfield Houston, with him J. Henry O'Neill, Stephen E. Nash, and Blaxter, O'Neill & Houston, for appellees.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE BELL, June 3, 1958:

The County of Allegheny appealed from an order of the Court of Common Pleas of Allegheny County which dismissed the preliminary objections filed by the County to certain new matter in the Answer of the defendant Airlines.* A complaint in equity had been filed by the respective owners of five properties which are situate adjacent to the Greater Pittsburgh Airport in Moon and Findlay Townships...

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