BENNER v. INTERSTATE DRESS CARRIERS

Civ. A. No. 4976.

129 F.Supp. 768 (1955)

John W. BENNER and Sadie Benner, Plaintiffs, v. INTERSTATE DRESS CARRIERS, Inc., Defendant.

United States District Court, M. D. Pennsylvania.

March 25, 1955.


Attorney(s) appearing for the Case

Martin H. Philip, Palmerton, Pa., for plaintiffs.

Joseph P. Kane, of Nogi, O'Malley & Harris, Scranton, Pa., for defendant.


WATSON, Chief Judge.

This matter is before the Court upon motion of the defendant to dismiss the action.

The complaint alleges that during the early part of 1950, the defendant undertook the construction of a roadway, parking area, and retaining-wall and in so doing extended and laid out such roadway, parking area and retaining-wall over and upon the lands owned by plaintiffs. The plaintiffs further aver in their complaint that since the time of the aforementioned...

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