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BREINER v. C & P HOME BUILDERS, INC.

Nos. 75-2114, 75-2172.

536 F.2d 27 (1976)

Howard B. BREINER, Jr., and Doris Louise Breiner, Husband and Wife v. C & P HOME BUILDERS, INC., et al. (two cases). Appeal of SCHNELLMAN CONSTRUCTION COMPANY and Meinrad Schnellman. Appeal of BOROUGH OF ALBURTIS et al.

United States Court of Appeals, Third Circuit.

Decided May 28, 1976.

Attorney(s) appearing for the Case

Richard W. Hopkins, White and Williams, Philadelphia, Pa., for Schnellman Const. Co. and Meinrad Schnellman, appellants.

Raymond T. Cullen, Ray R. Brennen, James L. Weirbach, Allentown, Pa., Morgan, Lewis & Bockius, Philadelphia, Pa., for Borough of Alburtis, A. L. Wiesenberger Associates, Inc., and Jerome J. Polachek, appellants.

Thomas F. Traud, Jr., Roberts and Traud, Allentown, Pa., for appellees.

Before SEITZ, Chief Judge, ROSENN and GARTH, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge

The construction of residential housing areas on heretofore undeveloped rural land is a hallmark of twentieth century America. The dislocations which often follow in the wake of such construction give rise to this case.

Plaintiffs, Doris Louise Breiner and her husband, Howard B. Breiner, Jr., own a forty-two acre farm in Lower Macungie Township in Lehigh County, Pennsylvania. They filed suit in the United...

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