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IN MATTER OF CONVEYANCE OF LAND BELONGING TO CITY OF DuBOIS

461 Pa. 161 (1975)

335 A.2d 352

In the Matter of the CONVEYANCE OF LAND BELONGING TO the CITY OF DuBOIS. Appeal of DuBOIS GATEWAY FAIR ASSOCIATION, INC., and John E. DuBois, Jr.

Supreme Court of Pennsylvania.

Decided March 18, 1975.

Attorney(s) appearing for the Case

Richard M. Sharp, John J. Pentz, Philipsburg, for appellants.

Edward V. Cherry, DuBois, for appellee, City of DuBois.

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

OPINION OF THE COURT

NIX, Justice.

By deed dated December 21, 1930, John E. DuBois and Willie G., his wife, conveyed to the City of DuBois a number of tracts of land. The deed conveying the land contained the following conditions:

"The land herein described is conveyed to City of DuBois for industrial and park purposes. At any time the said City of DuBois shall designate any part of said lands as a public park, then said lands shall be withdrawn...

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