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46 S. 52ND ST. CORP. v. MANLIN

398 Pa. 304 (1960)

46 South 52nd Street Corporation, Appellant, v. Manlin, Appellant.

Supreme Court of Pennsylvania.

January 18, 1960.

Attorney(s) appearing for the Case

Sheldon Tabb, with him Edward Davis, for defendant.

Jerome J. Cooper, with him Wolkin, Sarner & Cooper, for plaintiffs.

Harold E. Kohn and Arthur Littleton, with them Dolores Korman and Dilworth, Paxson, Kalish, Kohn & Dilks, for interested parties, under Rule 46.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

OPINION BY MR. JUSTICE COHEN, January 18, 1960:

Plaintiffs instituted this action in equity to enjoin defendants from operating a newsstand for the sale of newspapers, magazines, pocket books and comic books on the sidewalk of a public street in Philadelphia.

The defendant, Oscar Manlin, started selling newspapers in Philadelphia in 1932. At that time he was going to high school, and after school, with the permission of the then owner of 46 South 52nd Street...

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