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HANNUM v. OAK LANE SHOPPING CENTER

383 Pa. 618 (1956)

Hannum, Appellant, v. Oak Lane Shopping Center, Inc.

Supreme Court of Pennsylvania.

January 4, 1956.

Attorney(s) appearing for the Case

Cassin W. Craig, with him Morris Gerber and Wisler, Pearlstine, Talone & Gerber, for appellants.

Bernard G. Segal, with him Josephine H. Klein, Jerome J. Shestack and Schnader, Harrison, Segal & Lewis, for Penn Fruit Company, appellee.

Desmond J. McTighe, with him Walter B. Gibbons and Duffy, McTighe & McElhone, for appellees.

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

OPINION BY MR. CHIEF JUSTICE HORACE STERN, January 4, 1956:

This is an appeal from the refusal of the court below to declare a "supermarket" in a predominantly residential neighborhood a nuisance per se.

On a tract of land comprising a block bounded by Cheltenham Avenue, Brief Road, Dewey Road and Front Street, Oak Lane Manor, Cheltenham Township, Montgomery County, the defendant Oak Lane Shopping Center, Inc., proposes to erect1

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