GRIFFITH, J., August 31, 1953.
The matter before us is plaintiff's motion for summary judgment in an action of mandamus under Pa. R.C.P. 1098. The motion for summary judgment must be denied.
The complaint in mandamus sets forth that on March 16, 1953, plaintiff found fastened to his automobile a notice of a violation of ordinance no. 182 of the Borough of Ebensburg which prohibits parking between the hours of 3 a.m. and 6 a.m. between May 1st and November...
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