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MISHKIN v. TEMPLE BETH EL of LANC.

429 Pa. 73 (1968)

Mishkin v. Temple Beth El of Lancaster, Appellant.

Supreme Court of Pennsylvania.

March 15, 1968.

Attorney(s) appearing for the Case

John W. Beyer, with him Louis Weisman, and Arnold, Bricker, Beyer & Barnes, for appellant.

Robert Ruppin, with him Charles A. Achey, Jr., for appellee.

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

OPINION BY MR. JUSTICE EAGEN, March 15, 1968:

This appeal is from a final decree entered in the court below enjoining the defendant from continuing the construction of a fire tower on its property in the city of Lancaster, allegedly in violation of a building restriction included in a deed and agreement in the defendant's chain of title, and ordering the defendant to remove that portion of the fire tower already constructed.

The building restriction which...

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