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COM. v. NAT. GETTYSBURG B. TOWER, INC. et al.

Appeal, Nos. 120 C.D. 1972 and 753 C.D. 1972.

8 Pa.Commw. 231 (1973)

Commonwealth v. National Gettysburg Battlefield Tower, Inc., et al.

Commonwealth Court of Pennsylvania.

April 3, 1973.

Attorney(s) appearing for the Case

J. Shane Creamer, Attorney General, with him Paul J. Carey, Jr., Deputy Attorney General, and Ed Weintraub, Deputy Attorney General, for appellant.

Jerome H. Gerber, with him Handler, Gerber, Widmer and Weinstock, for appellees.

Louis J. Lefkowitz, Attorney General, with him Samuel A. Hirshowitz, First Assistant Attorney General of the State of New York, and Philip Weinberg and Joel H. Sachs, on an amicus curiae brief for the State of New York, for reversal.

Robert E. Woodside, on an amicus curiae brief for himself, for affirmance.

Argued December 6, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, April 3, 1973:

As the pleasant Pennsylvania countryside within the triangle of the Alleghenies, the Susquehanna and the Maryland line provided the site for the maneuvers of two great armies in the last days of June 1863, and as the fields around Gettysburg provided the place for the decisive three first days of July of that year, this lawsuit is a testing ground of important and fundamental interests, one old the other new, in serious conflict...

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