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SUMMIT TOWNSHIP v. FENNELL

392 Pa. 313 (1958)

Summit Township, Appellant, v. Fennell.

Supreme Court of Pennsylvania.

May 2, 1958.

Attorney(s) appearing for the Case

Harry K. McNamee, with him Marshall, Marshall & McNamee, for appellant.

Clark H. Painter, with him Dale B. Painter, and Painter & Painter, for appellee.

Willis A. MacDonald, for appellee.

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

OPINION BY MR. CHIEF JUSTICE JONES, May 2, 1958:

This is an appeal from the refusal of the court below to grant a preliminary injunction on the facts averred in the plaintiff's complaint and injunction affidavits; no bond was posted, the plaintiff being a political subdivision.

The plaintiff sought by its bill to enjoin the individual defendant from disposing of garbage on property which he owned in the complaining township by the "land fill" method for which...

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