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ST. ANDREW'S EV. L. CH. v. L. PROVIDENCE TWP.

414 Pa. 40 (1964)

St. Andrew's Evangelical Lutheran Church v. Lower Providence Township, Appellant.

Supreme Court of Pennsylvania.

March 17, 1964.

Attorney(s) appearing for the Case

Charles Potash, with him Cassin W. Craig, and Wisler, Pearlstine, Talone & Gerber, for appellant.

Richard S. Lowe, with him Fox, Differ, DiGiacomo & Lowe, for appellees.

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

OPINION BY MR. JUSTICE O'BRIEN, March 17, 1964:

This is an appeal from the entry of a final decree by the Court of Common Pleas of Montgomery County sitting in Equity.

The facts, as found by the chancellor, are as follows:

The plaintiffs are St. Andrew's Evangelical Lutheran Church of Audubon, Pennsylvania, and James H. Austin and Sonia S. Austin, his wife, who reside at 61 Pheasant Lane, Audubon, Lower Providence Township, Montgomery County, Pennsylvania...

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