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BORO. OF MIDDLETOWN v. AGWAY PET. CO.

No. 2201 C.D. 1977.

41 Pa.Commw. 436 (1979)

Borough of Middletown, Appellant v. Agway Petroleum Company, Appellee.

Commonwealth Court of Pennsylvania.

March 29, 1979.

Attorney(s) appearing for the Case

Michael H. Schaeffer, for appellant.

Robert L. Knupp, with him Knupp and Andrews, for appellee.

Argued February 9, 1979, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., March 29, 1979:

In this appeal appellant, Borough of Middletown (Borough), challenges an order in mandamus of the Court of Common Pleas of Dauphin County1 directing the Borough to reissue a building permit to appellee, Agway Petroleum Company (Agway), and awarding damages for the Borough's erroneous revocation of a building permit. We affirm.

The facts underlying this appeal are not disputed. Following...

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