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YOHE v. LOWER BURRELL

418 Pa. 23 (1965)

Yohe, Appellant, v. Lower Burrell.

Supreme Court of Pennsylvania.

April 20, 1965.

Attorney(s) appearing for the Case

Robert P. Crum, with him John T. Crum, and Crum and Crum, for appellants.

Irving M. Green, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE ROBERTS, April 20, 1965:

In September 1953, the City of Lower Burrell, then a second class township, enacted an ordinance authorizing its supervisors to award exclusive contracts for garbage collection from dwellings in the community. However, no effort was made to enforce or administer that ordinance until after Lower Burrell had been incorporated as a third class city.1 In the summer of 1964, six individuals, including...

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