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ALLPORT WATER AUTH. v. WINBURNE WATER CO.

258 Pa.Super. 555 (1978)

393 A.2d 673

ALLPORT WATER AUTHORITY, West Branch Area School Board, Leroy Thompson and Shirley Folmar v. WINBURNE WATER COMPANY, Appellant.

Superior Court of Pennsylvania.

Decided October 20, 1978.

Attorney(s) appearing for the Case

D. Mark Thomas, Harrisburg, with him Charles E. Thomas, Harrisburg, for appellant.

John M. Elliott, Philadelphia, for appellees.

Before JACOBS, President Judge, and HOFFMAN, CERCONE, PRICE, VAN der VOORT, SPAETH and HESTER, JJ.

JACOBS, President Judge:

The Winburne Water Company has appealed from the Order of the lower court dismissing its preliminary objections to appellees' complaint.1 For the reasons developed below, we reverse.

The pertinent facts of the case may be summarized as follows: In December, 1976, appellees commenced this equity action by filing a complaint with the Clearfield County...

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