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COLLEGEVILLE v. PHILA. SUB. WATER CO.

377 Pa. 636 (1954)

Collegeville Borough, Appellant, v. Philadelphia Suburban Water Company.

Supreme Court of Pennsylvania.

May 24, 1954.

Attorney(s) appearing for the Case

P. Nicholson Wood, with him Grover C. Ladner and Clark, Ladner, Fortenbaugh & Young, for appellants.

W. James MacIntosh, with him Robert H. Young, Ernest R. von Starck, High, Swartz, Flynn & Roberts and Morgan, Lewis & Bockius, for appellee.

Harry F. Stambaugh, Special Counsel, with him Samuel M. Jackson, Deputy Attorney General and Frank F. Truscott, Attorney General, for Commonwealth, intervenor, appellee, on question of jurisdiction of Water and Power Resources Board.

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

OPINION BY MR. JUSTICE CHIDSEY, May 24, 1954:

Nine boroughs, six townships and thirty-eight individuals and corporations brought an action in equity against the Philadelphia Suburban Water Company in the Common Pleas Court of Montgomery County seeking to enjoin the defendant from appropriating and diverting water from the Perkiomen Creek, from erecting a dam across the creek for the creation of a reservoir incident to the...

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