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BURKE v. PGH. LIMESTONE CORP.

375 Pa. 390 (1953)

Burke, Appellant, v. Pittsburgh Limestone Corporation.

Supreme Court of Pennsylvania.

November 17, 1953.

Attorney(s) appearing for the Case

Charles E. Harrington and Robert E. Ashe, with them H.H. Heilman, Jr., for appellants.

Ward McCullough and Harry C. Golden, with them Howard R. Eulenstein and McCullough & House, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ARNOLD, November 17, 1953:

This is a proceeding for a declaratory judgment. We have decided to accept such proceedings even though under the facts a common law action could have been brought. See Philadelphia Manufacturers Mutual Fire Insurance Company v. Rose, 364 Pa. 15, 70 A.2d 316.

In 1912 I.E. Anthony and wife, being the owners of 50 acres of land in...

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