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CONNELLY FOUNDATION v. SCHOOL DIST. OF HAVERFORD TP.

No. 71-1377.

461 F.2d 495 (1972)

The CONNELLY FOUNDATION, Appellant, v. The SCHOOL DISTRICT OF HAVERFORD TOWNSHIP.

United States Court of Appeals, Third Circuit.

Decided June 2, 1972.

Attorney(s) appearing for the Case

Robert James Jackson, Kassab, Cherry, Curran & Archbold, Chester, Pa., and Thomas Twardowski, Paoli, Pa., for appellant.

George S. Saulnier, Class, Saulnier, Dunn & Abel, Media, Pa., for appellee.

Before SEITZ, Chief Judge and HUNTER, Circuit Judge and McCUNE, District Judge.

OPINION OF THE COURT

PER CURIAM:

Appellant, The Connelly Foundation (Connelly) initiated suit in the United States District Court for the Eastern District of Pennsylvania to enjoin the condemnation of its land for school purposes by the school district of Haverford Township. The school district responded by filing a "Motion to Dismiss and For Summary Judgment" which raised the defense of res judicata. The school district attached to its motion the Preliminary...

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