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AKEN, ET AL. v. PENNYPACK WDS., APLNT.

No. 997 C.D. 1974.

18 Pa.Commw. 552 (1975)

Richard Van Aken, Abraham Korr, William Nolan, Adam Alstatler, James Spingler, Robert Van Aken, John F.X. Tully and John Robinson, v. Pennypack Woods Home Owership Association, a/k/a Pennypack Woods. Pennypack Woods Home Ownership Association, Appellant.

Commonwealth Court of Pennsylvania.

April 28, 1975.

Attorney(s) appearing for the Case

Edward I. Swichar, with him Meyer E. Maurer, and Wexler, Weisman, Maurer & Forman, P.C., for appellant.

Steven Kapustin, with him Mitchell A. Kramer and Kramer and Salus, for appellees.

Argued April 3, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, JR., April 28, 1975:

It would be a gross understatement to characterize the pleadings and the record in this matter as leaving much to be desired. Nevertheless, if anything can be drawn therefrom, in all probability the lower court was correct when, in its brief opinion, it stated that:

"The preliminary injunction before the court involves the sole question of whether or not particular individuals should be permitted in the swimming...

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