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


404 Pa. 159 (1961)

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

Supreme Court of Pennsylvania.

June 2, 1961.


Attorney(s) appearing for the Case

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

Alan R. Howe, with him Edward Davis, for appellees.

David Berger, City Solicitor, with him Lewis Kates, Deputy to the City Solicitor, for City of Philadelphia, intervening appellee.

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

Arthur Littleton, with him Morgan, Lewis & Bockius, for interested parties, under Rule 46.

Stephen B. Narin, with him Marvin Garfinkel, Theodore R. Mann, and Narin, Garfinkel and Mann, for interested party, under Rule 46.

Samuel D. Goodis, with him David Blasband, Richard E. Prevail, and Folz, Bard, Kamsler, Goodis & Greenfield, and Adams and Childs, for interested parties, under Rule 46.

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


OPINION BY MR. JUSTICE COHEN, June 2, 1961:

Our mandate to the lower court in 46 South 52nd Street Corporation v. Manlin, 398 Pa. 304, 157 A.2d 381 (1960), was sufficiently clear to require the immediate entry of a decree restraining the defendants — appellees, Manlin and Berman, from operating the newsstand at the corner of 52nd and Chestnut Streets.

There is no question that a court of equity which has entered...

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