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FRANKLIN BOROUGH'S INCORPORATION CASES

Appeals, Nos. 1035 C.D. 1971 and 1054 C.D. 1971.

5 Pa.Commw. 85 (1972)

Franklin Borough's Incorporation Cases.

Commonwealth Court of Pennsylvania.

March 29, 1972.

Attorney(s) appearing for the Case

Robert Y. Cassol, with him Redlich, Cassol, Redlich & Morocco, for appellant, Borough of Delmont.

Clarence F. McBride, with him Marker and McBride, William Fearen and Cleckner and Fearen, for appellant, Borough of Export.

B. Patrick Costello, with him Henry A. Hudson, Jr., and Costello, Snyder, Berk & Horner, for appellee.

Argued March 8, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, March 29, 1972:

We are again confronted with a suit arising out of this Commonwealth's inscrutable annexation statutes.

We have before us a motion to quash the appeals to this court of the Boroughs of Delmont and Export from an order of the Common Pleas Court of Westmoreland County incorporating the Borough of Franklin. The ground for the motion is that the appellant Boroughs were not parties to the incorporation proceedings below...

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