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QUAKERTOWN BORO. v. RICHLAND TWP. ET AL.

No. 1407 C.D. 1975.

28 Pa.Commw. 180 (1977)

Quakertown Borough v. Richland Township, Alan E. Yost, Walter Fox, Alec Jamieson and John R. Betterly. Quakertown Borough, Appellant.

Commonwealth Court of Pennsylvania.

January 14, 1977.

Attorney(s) appearing for the Case

Rodney D. Henry, for appellant.

Richard A. Rosenberger, with him Souder, Rosenberger & Bricker, for appellee.

Argued October 8, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR. and WILKINSON, JR., sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., January 14, 1977:

This is an appeal from an order of the Court of Common Pleas denying the motion of Quakertown Borough (Appellant) for summary judgment, sustaining the preliminary objections of Richland Township (Appellee) and dismissing the complaint.

Appellant's complaint in mandamus alleged that it proposed to build and maintain a public solid waste incinerator and...

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