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AITKENHEAD ET AL. v. W. VIEW BORO. ET AL.

No. 1169 C.D. 1979.

65 Pa.Commw. 213 (1982)

Paul W. Aitkenhead et al. v. Borough of West View et al. West View Water Authority et al., Appellants.

Commonwealth Court of Pennsylvania.

March 9, 1982.

Attorney(s) appearing for the Case

Fred E. Baxter, Jr., with him Jane D. Ressler, Gondelman, Baxter, Mansmann and McVerry, for appellants.

Samuel G. Weiss, Jr., Weiss, Weiss & Weiss, for appellees.

Argued October 6, 1981, before President Judge CRUMLISH, JR. and Judges MENCER, ROGERS, BLATT and WILLIAMS, JR.

OPINION BY JUDGE WILLIAMS, JR., March 9, 1982:

This case comes before the Court for a decision concerning preliminary objections to the jurisdiction of the common pleas court over an equity action challenging the addition of fluoride to a public water system, in accordance with a permit properly issued by the designated state agency.

In January, 1978, the West View Water Authority (authority) announced its intention to begin adding fluoride to the public water...

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