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JENKINS TOWEL S. v. FIDELITY-PHILA. TR. CO.

400 Pa. 98 (1960)

Jenkins Towel Service, Inc., Appellant, v. Fidelity-Philadelphia Trust Company.

Supreme Court of Pennsylvania.

June 3, 1960.

Attorney(s) appearing for the Case

Samuel Kagle, for appellant.

Thomas M. Thistle, with him Ralph Earle, II, and Smyth, Straub & Thistle, and Morgan, Lewis & Bockius, for appellees.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and EAGEN, JJ.

OPINION BY MR. JUSTICE BELL, June 3, 1960:

Plaintiffs filed a complaint in equity seeking (1) specific performance of an alleged agreement to sell real estate and (2) an injunction restraining the defendants from seeking a change in the zoning to permit the erection of a gasoline station. The lower Court sustained preliminary objections and entered an Order dismissing the amended complaint.

Fidelity-Philadelphia Trust Company owned, as trustee,

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