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KNUP v. PHILADELPHIA

386 Pa. 350 (1956)

Knup, Appellant, v. Philadelphia.

Supreme Court of Pennsylvania.

November 12, 1956.

Attorney(s) appearing for the Case

Edmund B. Spaeth, Jr. with him MacCoy, Evans & Lewis, for appellants.

James L. Stern, Deputy City Solicitor, with him Gordon Cavanaugh, Assistant City Solicitor, and David Berger, City Solicitor, for City of Philadelphia, appellee.

Samuel H. Landy, with him Martin J. Vegderman and Freedman, Landy, & Lorry, for intervening defendants, appellees.

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

OPINION BY MR. CHIEF JUSTICE HORACE STERN, November 12, 1956:

This is an appeal by plaintiffs from a decree of the court below sustaining defendants' preliminary objections and dismissing plaintiffs' complaint in equity for lack of jurisdiction.

Plaintiffs' bill sought an injunction to restrain the City of Philadelphia from issuing any permit under the terms of an ordinance of December 29, 1955, which re-zoned a certain...

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