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WILKINSBURG-PENN JT. W.A. v. CHURCHILL B.

417 Pa. 93 (1965)

Wilkinsburg-Penn Joint Water Authority v. Churchill Borough, Appellant.

Supreme Court of Pennsylvania.

March 16, 1965.

Attorney(s) appearing for the Case

T.W. Pomeroy, Jr., with him N.K. Parker, Jr., John H. Elder, Jr., and Kirkpatrick, Pomeroy, Lockhart & Johnson, for appellant.

Robert F. Banks, with him Elder W. Marshall, Charles I. Ziegler, and Reed, Smith, Shaw & McClay, for appellee.

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

OPINION BY MR. JUSTICE COHEN, March 16, 1965:

This is an appeal by the defendant, Borough of Churchill, from the decree of the lower court restraining it "from interfering in any shape, manner, or form with the construction of the proposed 500,000 gallon elevated [water] tank at the site of Reservoir No. 5 as proposed by plaintiff, Wilkinsburg-Penn Joint Water Authority." The decree became absolute on April 8, 1964.

Plaintiff-appellee (Authority) is a joint...

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