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ALLEN v. BIRMINGHAM TWP.

430 Pa. 595 (1968)

Allen, Appellant, v. Birmingham Township.

Supreme Court of Pennsylvania.

August 6, 1968.

Attorney(s) appearing for the Case

John F. Cramp, with him Cramp and D'Iorio, for appellants.

Charles C. Keeler, for township, appellee.

Guy G. deFuria, with him deFuria and Larkin, for appellee.

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

OPINION PER CURIAM, August 6, 1968:

This is an action in equity filed by appellants, residents of Birmingham Township, Delaware County, seeking to (1) enjoin appellee, James Julian, Inc., owner of a tract of land in said township from removing earth from said land as an improper commercial enterprise within an area zoned for solely residential purposes, and (2) void a contract negotiated between James Julian, Inc. and appellee, Birmingham Township, which contract...

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