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DIEHL v. LOCKARD

254 Pa.Super. 111 (1978)

385 A.2d 550

Fred C. DIEHL, Clifton C. Houtz, Asbury W. Lee, III, Philip W. Rhinehart, Amado Lugue, and Ronald B. Stratton, v. Bernard W. LOCKARD, Larry G. Lockard and Alan W. Lee, t/d/b/a Tri-L Co., a partnership, and Pizza Hut of Clearfield Inc., Appellants.

Superior Court of Pennsylvania.

Decided April 13, 1978.

Attorney(s) appearing for the Case

Robert D. Douglass, Indiana, for appellants.

Charles C. Brown, Jr., State College, with him McQuaide, Blasko & Brown, State College, for appellees.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE and SPAETH, JJ.

PER CURIAM:

This is an appeal from the order of the Court of Common Pleas sitting in equity making permanent a preliminary injunction restraining the construction of a "Pizza Hut".

The Borough of Clearfield, the County seat of Clearfield County, has a population of about 9000 people and is entirely surrounded by Lawrence Township. Pennsylvania Route 879 passes through the Borough in a westwardly direction through a residential area known as the "Old Town Road...

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