ABERMAN, INC. v. NEW KENSINGTON


377 Pa. 520 (1954)

A.J. Aberman, Inc., Appellant, v. New Kensington.

Supreme Court of Pennsylvania.

June 1, 1954.


Attorney(s) appearing for the Case

Fred B. Trescher, with him D.J. Snyder, Jr. and Kunkle & Trescher, for appellant.

Milton W. Lamproplos, with him Anthony J. Bonadia, R.E. Best, Smith, Best & Horn and Smith, Buchanan, Ingersoll, Rodewald & Eckert, for appellees.

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


OPINION BY MR. JUSTICE JONES, June 1, 1954:

This appeal arises out of an action in mandamus to compel the issuance of a building permit for the construction of a shopping center. Preliminary objections by the defendant municipality and its city clerk were dismissed; and the writ was issued peremptorily. Subsequently, the defendants petitioned to have the judgment opened and be let into a defense whereon a rule to show cause was granted. After answer and argument,...

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