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SCHWAB v. POTTSTOWN BOROUGH

407 Pa. 531 (1962)

Schwab, Appellant, v. Pottstown Borough.

Supreme Court of Pennsylvania.

May 21, 1962.

Attorney(s) appearing for the Case

Louis Sager, for appellant.

C. Edmund Wells, with him Ronald H. Reynier, and Wells, Campbell, Reynier & Yohn, for appellee.

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

OPINION BY MR. JUSTICE COHEN, May 21, 1962:

This is an appeal from the refusal of the court below, sitting in equity, to grant a preliminary injunction restraining appellee borough from proceeding with the condemnation of land needed for the improvement of the Pottstown municipal airport under a federal and state air program.

Appellant's property is adjacent to the airport and lies in the path of the clear zone approach area of the runway. In order to obtain...

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