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BIERKAMP et ux. v. RUBINSTEIN

432 Pa. 89 (1968)

Bierkamp et ux., Appellants, v. Rubinstein.

Supreme Court of Pennsylvania.

October 3, 1968.

Attorney(s) appearing for the Case

Gerald A. Gleeson, Jr., with him Edward D. Slevin, John M. Bernard, and Montgomery, McCracken, Walker & Rhoads, for appellants.

Fronefield Crawford, Solicitor, for township, intervening appellee.

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

OPINION BY MR. JUSTICE EAGEN, October 3, 1968:

This is an action for a declaratory judgment brought by appellants to determine the easement rights of certain neighboring property owners, the defendants below, in a 10-foot wide alley leading from the rear of appellants' premises which front on Lancaster Avenue, Radnor Township. The action also seeks a declaration of the responsibility of the respective parties for repair and maintenance of the said alley.

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