GREAT A. & P. TEA CO. v. BAILEY


421 Pa. 540 (1966)

Great A. & P. Tea Co., Appellant, v. Bailey.

Supreme Court of Pennsylvania.

May 26, 1966.


Attorney(s) appearing for the Case

George J. Barco, with him Yolanda G. Barco, and Barco and Barco, and Humes and Kiebort, for appellant.

Peter E. Blystone, with him Eckels, Blystone, Fuller & Kinnunen, for appellees.

F. Joseph Thomas, for intervening defendant.

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


OPINION BY MR. JUSTICE EAGEN, May 26, 1966:

This is an action in equity seeking injunctive relief. For the purpose of this appeal, the facts may be briefly summarized as follows:

In 1954, Robert M. Bailey and Elizabeth S., his wife, were the record owners of farm land in Crawford County, Pennsylvania, on which they proposed to develop a shopping center. At that time, the tract was cut in two by a public highway known as U.S. Routes, Nos. 6, 19 and 322.

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