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FOOD FAIR STORES, INC. v. KLINE

396 Pa. 397 (1959)

Food Fair Stores, Inc., Appellant, v. Kline.

Supreme Court of Pennsylvania.

July 2, 1959.

Attorney(s) appearing for the Case

Arthur Berman, with him Samuel Handler, and Compton, Handler, Berman & Boswell, for appellant.

Bernard G. Segal, with him Josephine H. Klein, Arthur J. Sullivan, and Schnader, Harrison, Segal & Lewis, and Hurwitz, Klein, Meyers & Benjamin, and Earnest and Torchia, and McNees, Wallace & Nurick, for appellees.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

OPINION BY MR. JUSTICE BOK, July 2, 1959:

This action began with a complaint in equity and ended when preliminary objections were sustained. In such event the case must be clear and free from doubt: Gardner v. Allegheny County, 382 Pa. 88, 114 A.2d 491 (1955). And we think it is.

Defendant Kline owned sixteen acres of land of rectangular shape, about four times as long as broad, and running in its longer dimension from...

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