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AYRE ET AL. v. MOUNTAINTOP A. J. S. A. ET AL.

Nos. 1776 and 1948 C.D. 1980.

58 Pa.Commw. 510 (1981)

Albert Ayre et al., Appellants v. The Mountaintop Area Joint Sanitary Authority et al., Appellees. Albert Ayre et al., Appellants v. The Mountaintop Area Joint Sanitary Authority et al., Appellees.

Commonwealth Court of Pennsylvania.

April 14, 1981.

Attorney(s) appearing for the Case

John L. McDonald, with him Erik N. Dingle, for appellants.

Joseph P. Mellody, Jr., with him Joseph A. Quinn, Jr., Hourigan, Kluger & Spohrer Associates, for appellees.

Argued March 6, 1981, before Judges BLATT, CRAIG and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 14, 1981:

Albert Ayre and ten other property owners (appellants) seek review of an order of the Court of Common Pleas of Luzerne County which sustained preliminary objections of The Mountaintop Area Joint Sanitary Authority (authority), to appellants' class action complaint, dismissing certain counts of the complaint because of laches, and granting appellants thirty days to file an amended complaint with respect to the other counts.<...

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