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GANNON, APPELLANT v. UPPER MERION TWP.

No. 667 C.D. 1973.

16 Pa.Commw. 630 (1975)

Edward Gannon, Appellant, v. Upper Merion Township, Appellee.

Commonwealth Court of Pennsylvania.

January 7, 1975.

Attorney(s) appearing for the Case

E. William Heuser, for appellant.

Gregory J. Dean, for appellee.

Argued April 4, 1974, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three. Reargued December 2, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., ROGERS and BLATT. Judge MENCER did not participate in the reargument.

OPINION BY JUDGE CRUMLISH, JR., January 7, 1975

This is the case of the Capering Canine and requires our construction of an ordinance which was enacted to prohibit such offensive conduct.

The Court of Common Pleas of Montgomery County (Criminal Division) sustained the conviction of Edward Gannon who was accused of violating the "Dog Ordinance" of Upper Merion Township.

On February 7, 1973, the animal control officer of Upper Merion Township (Appellee...

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