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SIMCO S. S. OF PA. v. T. OF L. MERION B. OF C. ET AL.

No. 52 C.D. 1978.

38 Pa.Commw. 434 (1978)

Simco Sales Service of Pennsylvania, Inc., t/a Jack & Jill Ice Cream Co., Appellant v. Township of Lower Merion Board of Commissioners, Township of Lower Merion Department of Police, and Township of Lower Merion Department of Health, Appellees.

Commonwealth Court of Pennsylvania.

November 8, 1978.

Attorney(s) appearing for the Case

Nathan L. Posner, with him Jeffrey B. Albert, Barry Applebaum, and, of counsel, Fox, Rothschild, O'Brien & Frankel, for appellant.

Parker H. Wilson, with him Wilson, Oehrle, Drayer & Furber, for appellee.

Argued September 29, 1978, before Judges WILKINSON, JR., DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., November 8, 1978:

This is an appeal from an order dismissing appellant's exceptions to a chancellor's adjudication, and making the decree nisi, which vacated a preliminary injunction and dismissed appellant's complaint, the final decree of that court. We reverse and permanently enjoin1 enforcement of Lower Merion Township's ordinance No. 1769.

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