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RKO-STANLEY WARNER THEATRES, INC. v. MELLON NAT. B. & T. CO.

No. 18784.

436 F.2d 1297 (1970)

RKO-STANLEY WARNER THEATRES, INC., a corporation, Appellant, v. MELLON NATIONAL BANK AND TRUST COMPANY, a National Banking corporation, The City of Pittsburgh and Urban Redevelopment Authority of Pittsburgh.

United States Court of Appeals, Third Circuit.

Decided December 29, 1970.

As Amended December 30, 1970.

Rehearing Denied January 27, 1971.

Attorney(s) appearing for the Case

David F. Alpern, Alpern & Alpern, Pittsburgh, Pa., for appellant.

Thomas S. White, Asst. City Sol., Pittsburgh, Pa., for appellee, City of Pittsburgh.

J. Tomlinson Fort, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellee, Mellon National Bank.

William J. Tarter, Pittsburgh, Pa. (Marshall J. Conn, Pittsburgh, Pa., on the brief), for appellee, Urban Redevelopment Authority of Pittsburgh.

Before GANEY, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

The primary question presented by this appeal is whether an easement can be acquired by prescription in and above a sidewalk, title to which is in private hands subject to an easement of passage in favor of the public, by regular use of such sidewalk to maintain a marquee in front of an abutting building and to change the signs on such marquee.

Alleging that the construction of a proposed building on...

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