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STANDER et al. v. KELLEY

432 Pa. 1 (1968)

Stander et al., Appellants, v. Kelley.

Supreme Court of Pennsylvania.

October 11, 1968.

Attorney(s) appearing for the Case

James E. Beasley, for appellants.

William C. Sennett, Attorney General, with him Edward Friedman, General Counsel, for Commonwealth, appellee.

Fairfax Leary, Jr., and Reed, Smith, Shaw & McClay, and Obermayer, Rebmann, Maxwell & Hippel, and Fox, Rothschild, O'Brien & Frankel, for The General State Authority, under Rule 65.

W.J. Krencewicz, for interested person, under Rule 65.

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

OPINION BY MR. CHIEF JUSTICE BELL, October 11, 1968:

This is an appeal from an Order denying a preliminary injunction. In such a case, the issue before this Court and our scope of review is whether there was a clear abuse of discretion, or palpable legal error, and the merits of the case are not considered or decided: City Line Open Hearth, Inc. v. Hotel, Motel & Club Employees' Union, 413 Pa. 420, 436, 197 A.2d 614; McDonald...

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