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MOUNTAINTOP A.J.S.A. v. ST. JUDE CH.

No. 2964 C.D. 1981.

73 Pa.Commw. 185 (1983)

The Mountaintop Area Joint Sanitary Authority, Appellant v. St. Jude Church, Appellee.

Commonwealth Court of Pennsylvania.

March 30, 1983.

Attorney(s) appearing for the Case

Chester F. Dudick, Jr., with him Joseph P. Mellody, Jr., Hourigan, Kluger & Spohrer Associates, for appellant.

John L. McDonald, for appellee.

Argued December 13, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, March 30, 1983:

St. Jude Church (Church) filed a complaint in trespass, ejectment and "under Sec. 306 of the Municipal Authorities Act of 1945".1 The Mountaintop Area Joint Sanitary Authority (Authority) filed preliminary objections to the counts in trespass and ejectment which were sustained by the Court of Common Pleas of Luzerne County in an order dismissing the complaint as to those causes of action. The...

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