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RED CHEEK v. SUPVRS., T. OF RUSCOMBMANOR

Nos. 382 and 383 C.D. 1976.

26 Pa.Commw. 530 (1976)

Red Cheek, Inc. v. Supervisors of the Township of Ruscombmanor. Red Cheek, Inc., Appellant. Red Cheek, Inc. v. Supervisors of Richmond Township. Red Cheek, Inc., Appellant.

Commonwealth Court of Pennsylvania.

October 12, 1976.

Attorney(s) appearing for the Case

Robert J. Johnson, with him Butz, Hudders & Tallman, for appellant.

Paul T. Essig, with him Balmer, Mogel, Speidel & Roland, for appellee, Supervisors of Township of Ruscombmanor.

Donald F. Spang, with him R. Joseph Merkel, and, of counsel, Merkel, Spang & Weidner, for appellee, Supervisors of Richmond Township.

Argued September 14, 1976, before Judges CRUMLISH, JR., WILKINSON, JR., and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, October 12, 1976:

The appellant, Red Cheek, Inc., is an industrial enterprise organized as a cooperative which produces what are doubtless healthful, tasty and altogether delightful apple juice and apple and peach slices at a facility in the Borough of Fleetwood, Berks County. Red Cheek's raw products of course are nature's gift of apples and peaches. Unfortunately, after the useable...

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