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TURNWAY CORPORATION v. SOFFER

461 Pa. 447 (1975)

336 A.2d 871

TURNWAY CORPORATION, a Pennsylvania Corporation v. Joseph SOFFER and Violet Soffer, his wife, Appellants.

Supreme Court of Pennsylvania.

Decided April 25, 1975.

Reargument Denied June 18, 1975.

Attorney(s) appearing for the Case

Judd N. Poffinberger, Jr., David H. Ehrenwerth, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Leonard J. Wingert, Carson & Wingert, McKeesport, for appellants.

John Daley, Brennan & Brennan, Pittsburgh, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

JONES, Chief Justice.

Appellee, Turnway Corporation, brought this action in equity first to enjoin appellants from interfering with appellee's possession, use, and enjoyment of 1.274 acres of land to which appellants hold title in fee but which appellee claimed is subject to its rights and interest under the terms of a fifty-year lease executed in May of 1952. Secondly, appellee sought to enjoin...

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