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GOOD SHEPHERD CEMETERY v. CMMWLTH.

75 Pa. D. & C. 2d 203 (1976)

Good Shepherd Cemetery Co. v. Commonwealth

Common Pleas Court of Berks County, Pennsylvania.

March 10, 1976.

Attorney(s) appearing for the Case

Henry Gass, for plaintiff.

Lawrence R. Wieder, Assistant Attorney General, for Commonwealth.

WESNER, J., March 10, 1976.

The within matter comes before this court on preliminary objections by Good Shepherd Cemetery Company, plaintiff, against the Commonwealth of Pennsylvania. Plaintiff's preliminary objections are based upon application and interpretation of the Act of April 5, 1849, P.L. 397, sec. 1, 9 P.S. § 8, which holds: "It shall not be lawful to open any street, lane, alley or public road through any burial ground or cemetery within this...

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