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DUQUESNE LIGHT CO. v. UPPER ST. CLAIR

377 Pa. 323 (1954)

Duquesne Light Company v. Upper St. Clair Township, Appellant.

Supreme Court of Pennsylvania.

May 24, 1954.

Attorney(s) appearing for the Case

C. Francis Fisher, with him Brenlove & Fisher, for Upper St. Clair Township, appellant.

Louis Vaira, for intervening defendants, appellants.

John B. Nicklas, Jr., with him McCrady & Nicklas, for intervening defendant.

Elder W. Marshall, with him Robert F. Banks, Henry G. Wasson, Jr., Walter T. Wardzinski and Reed, Smith, Shaw & McClay, for plaintiff, appellee.

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

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

These appeals are from the action of the Court of Common Pleas of Allegheny County in awarding a preliminary injunction enjoining the first class Township of Upper St. Clair, Allegheny County, and its officers from enforcing a zoning ordinance against the Duquesne Light Company, a public utility corporation (hereinafter called "Duquesne").

Following the filing on February 23, 1954 of the complaint in equity in...

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