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STARKEY v. PHILADELPHIA

397 Pa. 512 (1959)

Starkey, Appellant, v. Philadelphia.

Supreme Court of Pennsylvania.

November 24, 1959.

Attorney(s) appearing for the Case

I. Raymond Kremer, with him Robert S. Maerz, and Rush & Kremer, for appellants.

David Berger, City Solicitor, with him Shirley S. Bitterman and James L. Stern, Deputy City Solicitors, and Alan Miles Ruben, Deputy to the City Solicitor, for City of Philadelphia, appellee.

Howard E. Stern, with him Milton C. Sharp, and Edward L. Snitzer, for Redevelopment Authority of the City of Philadelphia, appellee.

Walter Stein, with him Berger, Stein and Kline, for Philadelphia Industrial Development Corporation, amicus curiae.

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

OPINION BY MR. JUSTICE BELL, November 24, 1959:

The plaintiffs instituted this action in Equity in which they claimed a reversionary interest in certain lands taken by the City in eminent domain proceedings.

The plaintiffs contended that the City never acquired a fee simple title but only a base or determinable fee; that the lands were condemned for airport purposes and are now not used for airport or any other public purpose; that the City now proposes to...

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