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HEINTZ v. VILLAGE REALTY, INC.

Civ. A. No. 2122.

177 F.Supp. 491 (1959)

Joseph J. HEINTZ, Jr. and Pauline Heintz, Plaintiffs, v. VILLAGE REALTY, INC., a Pennsylvania corporation, Gallagher and McManus, Inc., a Pennsylvania corporation and Centralia Mining Company, a Pennsylvania corporation, Defendants.

United States District Court D. Delaware.

September 30, 1959.

Attorney(s) appearing for the Case

William E. Taylor, Jr., Wilmington, Del., for plaintiffs.

Clair J. Killoran, E. Dickinson Griffenberg, Jr. (of Killoran & Van Brunt), Arthur J. Sullivan (of Morris, James, Hitchens & Williams), Wilmington, Del., for defendants.

CALEB M. WRIGHT, Chief Judge.

This diversity action is before the court on cross motions for summary judgment. Plaintiffs, Joseph J. Heintz and Pauline Heintz, residents of the State of Delaware, seek the issuance of a permanent injunction against the construction of a shopping center on a tract of land consisting of about seven acres in the development known as Swanwyck. Defendants, Centralia Mining Company, Gallagher and McManus, Inc., and Village Realty, Inc.,...

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