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McTIGHE v. FALCONE et al.

455 Pa. 86 (1974)

McTighe, Appellant, v. Falcone et al.

Supreme Court of Pennsylvania.

January 24, 1974.

Attorney(s) appearing for the Case

Desmond J. McTighe, in propria persona, for appellant.

James S. Kilpatrick, Jr., and John V. Hasson, with them Thomas J. Burke, Francis Shunk Brown, 3rd, and Haws & Burke, for Anthony Falcone, Jeane Griffith, and E.M. Applebaugh, Jr., appellees.

Sidney L. Wickenhaver, with him Montgomery, McCracken, Walker & Rhoads, for Winifred Groff and Philadelphia National Bank, appellees.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION PER CURIAM, January 24, 1974:

Decree affirmed. Costs on appellant.

DISSENTING OPINION BY MR. JUSTICE MANDERINO:

I dissent. The majority affirms the trial court's decree dismissing the appellant's (plaintiff below) complaint. The appellant filed a complaint requesting injunctive relief to enjoin, inter alia, the appellees from constructing apartments or condominiums on certain parcels of land in violation of deed restrictions. The appellees...

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