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RUSH ET AL. v. AIRPORT COML. PROP., INC. ET AL.

No. 322 C.D. 1976.

28 Pa.Commw. 51 (1976)

M. Frank Rush and Renee Rush et al. v. Airport Commercial Properties, Inc., Briar Properties, Inc., Briar House Condominium Assn., Inc. and Cheltenham Township Board of Commissioners. M. Frank Rush et al., Appellants.

Commonwealth Court of Pennsylvania.

December 30, 1976.

Attorney(s) appearing for the Case

Carl K. Zucker, with him Reuben E. Cohen, and Cohen, Shapiro, Polisher, Shiekman and Cohen, for appellants.

Morris Gerber and John P. Gregg, with them Marc D. Jonas; Gerber, Maerz & Wilenzik; Samuel H. High, Jr.; and High, Swartz, Roberts & Seidel, for appellees.

Argued October 8, 1976, before Judges MENCER, ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, December 30, 1976:

This is an appeal from an order of the Court of Common Pleas of Montgomery County granting the defendant-appellees' preliminary objections and dismissing the plaintiff-appellants' complaint in equity which sought relief in the nature of a preliminary injunction. Our scope of review here is limited to a determination of whether or not the lower court committed an error of law or a manifest abuse of discretion. Groff v....

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