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THE AMERICAN OIL CO. v. SCHOOL DIST. OF PHILA. ET AL.

No. 5060.

2 Pa. D. & C. 2d 525 (1954)

The American Oil Company v. School District of Philadelphia et al.

Common Pleas Court of Philadelphia County, Pennsylvania.

September 1, 1954.

Attorney(s) appearing for the Case

Harry Polish, for plaintiff.

C. Brewster Rhoads and Edward B. Soken, for School District of Philadelphia, members of the Board of Public Education, and Add B. Anderson, defendants.

Thomas G. B. Ebert, Frederic L. Ballard, Jr., and Hamilton C. Conner, Jr., for PTC and Motor Real Estate Company, defendants.

I. Edward Master, for Paul F. Newman, defendant-owner.

Before Oliver, P. J., Crumlish and Sloane, JJ.

Crumlish, J., dissents.

OLIVER, P. J., September 1, 1954.

This is an action in equity to enjoin the School District of Philadelphia from exercising its power of condemnation with respect to a certain parcel of land, part of which has been leased to plaintiff. The matter is before us on plaintiff's motion for judgment on the pleadings.

Involved are two vacant pieces of land, one owned by defendant PTC...

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