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DERRY TWP., ET AL. v. SWARTZ

No. 10 Tr. Dkt. 1975.

21 Pa.Commw. 587 (1975)

The Township of Derry, Dauphin County, Pennsylvania and the Derry Township School District, Appellants v. Edward S. Swartz and Helen R. Swartz, his wife, t/d/b/a Indian Echo Caverns, Appellees.

Commonwealth Court of Pennsylvania.

November 12, 1975.

Attorney(s) appearing for the Case

Wallace B. Eldridge, III, with him Cleckner and Fearen, for appellants.

Ralph S. Snyder, with him Susan Carroll, Schnader, Harrison, Segal & Lewis, and, of counsel, Keith A. Clark and Shumaker, Williams & Clark, for appellees.

Argued September 10, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, November 12, 1975:

This matter comes before us on an appeal from the decision of the Court of Common Pleas, en banc, affirming the decision of the trial judge, sitting without a jury, in a civil action in assumpsit. The able opinions of Judge DOWLING, the trial judge, discuss fully and at length the background of this action and the legal issues presented. See Derry Township v. Swartz, 96 Dauph. 488 (1974) and 97 Dauph. 107 (1975...

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